General Terms and Conditions

General Terms and Conditions

1Scope of Application
2Conclusion of the Contract
3Right to Cancel
4Prices and Payment Conditions
5Shipment and Delivery Conditions
6Reservation of Proprietary Rights
7Warranty
8Applicable Law
9Place of Jurisdiction
10Alternative dispute resolution
1Scope of Application

1. Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company MARK & DAY (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self employed occupational activity.

1.3 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or
independent professional activity.

2Conclusion of the Contract

2. Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the
Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3 The Seller may accept the Client’s offer within five days,

- by transferring a written order confirmation or an order confirmation in written form (by e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the
Client is decisive, or
- by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by
his statement of intent.

2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (by e-mail) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.

The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.6 The English language is exclusively available for the conclusion of the contract.

2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3Right to Cancel

3. Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.

Instructions for cancellation & Cancellation
form

A. Instructions for cancellation

Introduction

Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions :

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right to cancel, you must inform us (Mark & Day, Stationsplein 8 K, 6221BT Maastricht The Netherlands, E-Mail : info@markandday.co.uk) of your decision to cancel this contract by a clear statement (by e-mail). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us.

Returns can only be made to the following address :

i-Fulfilment Hurn MARK & DAY Plot 4Aviation Park West, Target Rd, East Parley, Christchurch BH23 6EA UNITED KINGDOM

The deadline is met if you send back the goods before the period of 14 days has expired.

You bear the direct costs of returning the goods.

General information

• Production tolerance of +/- 5%.

• Cancelling your order after its shipment, refusing the goods upon delivery, or not collecting them from the Pickup Point constitutes the exercise of your right of withdrawal, and will incur shipping costs, namely £25 per rug.

• If delivery cannot be completed due to your absence, an incorrect, unknown, incomplete address, or a change of address after shipment, return costs will be borne by the customer, namely £25 per rug.

• To ensure the delivery of your order, please provide us with your telephone number during the purchase process. Failure to provide this information may result in a charge of £25 if delivery is unsuccessful. We decline any liability for issues that may affect the successful execution of the delivery.

For all purchases, we grant you a legal return right of 14 days from the receipt of the goods.

However, the prerequisite for a refund is that you have only tried the goods for inspection purposes, similar to how you would in a retail store, and that you have returned the complete product in its original, undamaged, and untarnished condition within its original packaging.

We kindly request you to avoid any damage or contamination of the merchandise. Please return the product in its original packaging, if possible, along with any potential accessories and all packaging components. You may consider using additional protective packaging if the original packaging is not available to ensure sufficient protection against transportation damage. Please note that the general remarks above are not conditional for exercising your right of withdrawal.

B. Return Process :

RETURN COSTS ARE THE RESPONSIBILITY OF THE CUSTOMER

Here are the steps to complete your return :

1. Take a photo to confirm the new and immaculate condition of the rug before its return.

2. Contact our customer service team via the Mark & Day client space.

3. Prepare the product: The rug must be returned in its original packaging, rolled up without any folds..

4. Ensure the shipping label is securely attached to prevent it from detaching during transport.

5. Ensure the shipping label is securely attached to prevent it from detaching during transport.

5. Photograph the rug carefully packaged and protected as confirmation of its correct packaging.

6. Email us the photos and the tracking number associated with your return.

7. Use a tracked shipping method and send your rug back to the following address:

i-Fulfilment Hurn
MARK & DAY Plot 4
Aviation Park West,Target Rd
East Parley Christchurch
BH23 6EA United Kingdom

8. Refunds will be processed once the receipt and inspection of the returned items are confirmed.

To be eligible for a refund, the product must not have been used and must be returned without stains or damage.

Additional charges may apply if the item is not returned in its original condition.

IMPORTANT :

It is essential to follow each of these steps carefully to ensure your return is processed correctly.

4Prices and Payment Conditions

4. Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description.

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.

5Shipment and Delivery Conditions

5. Shipment and Delivery Conditions

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.

5.2 In the event of the customer's absence, the carrier is authorized to deposit the order at a
Pickup Point.

5.3 If goods are delivered by freight carrier, the goods shall be delivered free curb that is to say to the public curb stones which are closest to the delivery address, unless otherwise
stipulated in the shipping information displayed in the Seller’s online shop or
unless otherwise agreed.

5.4 If the transport company returns the goods to the seller due to the customer's absence, an incorrect or incomplete address, or a change of address after shipment, the costs resulting from the delivery failure will be charged to the customer.

5.5 Personal collection is not possible for logistical reasons.

5.6 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counter performance.

6Reservation of Proprietary Rights

6. Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

7Warranty

7. Warranty

7.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods :

7.2 If the Client acts as trader the Seller may choose the type of subsequent performance, for new goods, the limitation period for claims for defects shall be one year from delivery of the goods, for used goods, the rights and claims for defects are excluded, the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply to claims for damages and reimbursement of expenses of the Client, if the Seller has fraudulently concealed the defect, for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness, for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.

7.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

7.5 If the Client is a professional as defined in Article 7 :6 of the Dutch Civil Code (Burgerlijk Wetboek), they have a legal obligation to inspect the goods and notify the Seller of defects in accordance with Article 7 :23 of the Dutch Civil Code. Should the Client neglect the disclosure obligations specified in these articles, the goods shall be deemed approved.

7.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

8Applicable Law

8. Applicable Law

The law of the Kingdom of the Netherlands shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

9Place of Jurisdiction

9. Place of Jurisdiction

If the Client is a businessperson, a legal entity of public law, or a separate estate under public law with its seat in the territory of the Kingdom of the Netherlands, the Seller's place of business shall be the exclusive place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Kingdom of the Netherlands, the Seller's place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract, provided that the contract or claims from the contract can be attributed to the Client's professional or commercial activities. In any event, however, in the aforementioned cases, the Seller is entitled to bring the case before the court having jurisdiction over the Client's domicile.

10Alternative dispute resolution

10. Alternative dispute resolution

10.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

10.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.