Terms and conditions

Terms and Conditions

Article 1. Definitions
Article 2. Identity of the Trader
Article 3. Applicability
Article 4. Offers, quotations and promotions
Article 5. The Agreement
Article 6. Right of withdrawal – cooling-off period
Article 7. Costs in case of withdrawal
Article 8. Exclusion of the right of withdrawal
Article 9. The price
Article 10. Delivery / performance / transfer of risk
Article 11. Conformity and warranty
Article 12. Return conditions
Article 13. Payment
Article 14. Liability & indemnification
Article 15. Force majeure
Article 16. Complaints procedure
Article 17. Disputes
Article 18. Additional or deviating provisions
Appendix: Model withdrawal form

ARTICLE 1. DEFINITIONS

In these Terms and Conditions, the following terms, whether singular or plural and always indicated with a capital letter, have the following meaning:

Terms and Conditions: these Terms and Conditions;

Customer: Consumer and/or Business customer;

Cooling-off period: the period during which the Consumer can exercise their Right of withdrawal;

Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and enters into an Agreement with the Trader;

Day: calendar day;

Durable medium: any means that enables the Consumer, Business customer or Trader to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information;

Right of withdrawal: the option for the Consumer to cancel the Agreement within the cooling-off period;

Trader: the natural person operating under the name “Mariposa Butterflies” and/or “mariposabutterflies.com” who offers products and/or services (whether or not at a distance) to Customers;

Distance Agreement: an agreement concluded, within the framework of a system organized by the Trader for the distance selling of products and/or services, using exclusively one or more techniques for distance communication up to and including the moment the Agreement is concluded;

Agreement: a Distance Agreement, or a separately drawn-up agreement concerning the sale of products and/or services between the Trader and the Customer (not being a Distance Agreement), to the extent that these Terms and Conditions are declared (wholly or partly) applicable thereto;

In writing: any set of words or figures that can be read, reproduced and subsequently communicated, which may contain information transmitted or stored by electronic means;

Technique for distance communication: a means that can be used for concluding an Agreement without the Trader and the Customer being in the same room at the same time;

Business customer: any natural and/or legal person registered with the trade register of the Chamber of Commerce who, acting in the exercise of a profession or business, enters into an Agreement with the Trader, or to whom the Trader makes an offer;

ARTICLE 2. IDENTITY OF THE TRADER

Mariposa Butterflies
trading under the name(s): Mariposa Butterflies and/or mariposabutterflies.com

Business address:
Rozenlaan 26

2995 AT Heerjansdam, the Netherlands

Availability:
24 hours a day, 7 days a week by email: info@mariposabutterflies.com

Chamber of Commerce number: 77027507
VAT identification number: NL003143358B95

ARTICLE 3. APPLICABILITY

3.1. These Terms and Conditions apply to every offer made by the Trader, every quotation and every Agreement concluded, unless the Trader and Customer have explicitly and In writing agreed to deviate from these Terms and Conditions.

3.2. Before the Agreement is concluded, the text of these Terms and Conditions is made available to the Customer. If this is not reasonably possible, it will be indicated, before the Agreement is concluded, that the Terms and Conditions can be viewed at the Trader's premises and that they will be sent free of charge as quickly as possible at the Customer's request.

3.3. If the Distance Agreement is concluded electronically, then, notwithstanding the previous paragraph and before the Agreement is concluded, the text of these Terms and Conditions may be made available to the Customer electronically in such a way that it can be easily stored by the Customer on a Durable medium. If this is not reasonably possible, it will be indicated, before the Agreement is concluded, where the Terms and Conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the Customer's request.

3.4. If there is any ambiguity about the interpretation of one or more provisions of these Terms and Conditions, the interpretation should be made in the spirit of these Terms and Conditions.

3.5. The applicability of any purchasing or other terms of the Customer is explicitly rejected.

3.6. If one or more provisions of these Terms and Conditions are, at any time, wholly or partly null and void or are annulled, the remainder of these Terms and Conditions will remain fully applicable. The Trader and Customer will then consult to agree on new provisions to replace the null and void or annulled provisions, taking the purpose of the original provisions into account as much as possible. The same applies if, during the performance of the Agreement, it appears that it is necessary to change and/or supplement the content of the Agreement for its proper performance.

3.7. If a situation arises between the Trader and Customer that is not covered by these Terms and Conditions and/or a supplementary Agreement, this situation should be assessed in the spirit of these Terms and Conditions.

3.8. If the Trader does not always require strict compliance with these Terms and Conditions, this does not mean that its provisions do not apply, or that the Trader would lose the right, in any way, to require strict compliance with these Terms and Conditions in other cases.

ARTICLE 4. OFFERS, QUOTATIONS AND PROMOTIONS

4.1. Every offer made by the Trader on the Trader's website (www.mariposabutterflies.com) is entirely without obligation.

4.2. If an offer has a limited period of validity and/or is subject to conditions, the Trader will explicitly state this in the offer.

4.3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Customer. If the Trader uses images, these are a true representation of the products and/or services offered. No rights can be derived from the images themselves, since many items are composed of natural materials and animals and/or are made by hand, which is what makes each item in the range unique and means there may be (small) differences between them. Obvious mistakes or errors in the offer do not bind the Trader.

4.4. Every offer contains information such that it is clear to the Customer what rights and obligations are attached to accepting the offer. This concerns, among other things but not limited to, the following in particular:
• the price, including taxes, unless agreed otherwise;
• any delivery costs and/or other work that the Trader performs for the Customer in connection with the Agreement (for example, administration costs);
• the method of payment, delivery or performance of the Agreement;
• the period for acceptance of the offer, or the period during which the Trader guarantees the price;
• whether or not the Right of withdrawal applies;
• the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

4.5. A combined offer/quotation does not oblige the Trader to perform part of the Agreement for a corresponding part of the stated price. Offers and/or quotations do not automatically apply to future orders/Agreements.

ARTICLE 5. THE AGREEMENT

5.1. Subject to the provisions of paragraphs 4 and 5, the Agreement is concluded at the moment the Customer accepts the offer and satisfies the associated conditions.

5.2. If the Customer has accepted the offer electronically, the Trader will promptly confirm electronic receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed, the Customer as well as the Trader can dissolve the Agreement, without any obligation to compensate the other party for damages.

5.3. If the Agreement is concluded electronically, the Trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Customer can pay electronically, the Trader will take appropriate security measures to that end.

5.4. The Trader can – within legal frameworks – inform itself of whether the Customer can meet their payment obligations, as well as of all facts and factors relevant to a responsible conclusion of the Agreement. If, on the basis of this investigation, the Trader has good grounds not to enter into the Agreement, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.

5.5. Every Agreement is entered into subject to the condition precedent of (sufficient) availability of the relevant products and/or services.

5.6. The Trader always has the right to have certain work in connection with the performance of the Agreement carried out by third parties, without the Customer's prior consent being required for this.

5.7. If the Trader needs information from the Customer for the performance of the Agreement, the performance period will not commence until the Customer has provided this correctly and completely to the Trader.

ARTICLE 6. RIGHT OF WITHDRAWAL – COOLING-OFF PERIOD

6.1. When purchasing products, the Consumer has the option to dissolve the Agreement without giving reasons during a Cooling-off period of 14 (fourteen) Days. This period begins on the day after receipt of the delivered product by the Consumer, or a representative designated in advance by the Consumer and made known to the Trader. The Right of withdrawal is reserved exclusively for the Consumer and does not apply to the Business customer.

6.2. During the Cooling-off period, the Consumer will handle the product and its 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 delivered and – if reasonably possible – in its original condition and packaging to the Trader, in accordance with the reasonable and clear instructions provided by the Trader. It is also the Consumer's responsibility that, during the Cooling-off period, the product remains free of mold/moth/parasite/(dust) lice and/or other insects and/or other matters that could damage the product, on pain of forfeiting the Right of withdrawal.

6.3. When services are provided, the Consumer likewise has the option to dissolve the Distance Agreement without giving reasons for 14 (fourteen) Days, starting on the day the Agreement is entered into.

6.4. To exercise their Right of withdrawal, the Consumer will follow the reasonable and clear instructions provided by the Trader with the offer and/or at the latest upon delivery of the services in question.

6.5. The provisions of this article do not apply in a case where the provisions of article 8 apply.

ARTICLE 7. COSTS IN CASE OF WITHDRAWAL

7.1. If the Consumer exercises their Right of withdrawal, at most the costs of returning the product are for their account.

7.2. If the Consumer has paid an amount, the Trader will refund this amount as soon as possible, but no later than within 30 Days of receiving the returned product or (if the product has not yet been delivered to the Consumer) of the withdrawal.

7.3. The provisions of this article do not apply in a case where the provisions of article 8 apply.

ARTICLE 8. EXCLUSION OF THE RIGHT OF WITHDRAWAL

8.1. If the Consumer does not have a Right of withdrawal, this can only be excluded by the Trader if the Trader has clearly stated this in the offer, or at least in good time before the Agreement is concluded.

8.2. Exclusion of the Right of withdrawal is only possible for products:
• that have been produced according to the Customer's specifications;
• that are not part of the standard range of www.mariposabutterflies.com, and have been ordered at the Consumer's request;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or age quickly;
• whose price is linked to fluctuations in the financial market over which the trader has no influence.

8.3. Exclusion of the Right of withdrawal is only possible for services:
• relating to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
• the delivery of which has started, with the Consumer's explicit consent, before the Cooling-off period has expired;
• relating to bets and lotteries.

ARTICLE 9. THE PRICE
9.1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.

9.2. Notwithstanding the previous paragraph, the Trader may offer products or services whose prices are linked to fluctuations in the financial market and over which the Trader has no influence, at variable prices. This dependence on fluctuations, and the fact that any prices stated are indicative, will be stated with the offer.

9.3. Price increases after the Agreement has been concluded are only permitted if:
a. they are the result of statutory regulations or provisions; or
b. they are the result of a change to the Agreement;
c. the Consumer has the authority to cancel the Agreement as of the day on which the price increase takes effect.

9.4. The prices stated for products or services in the offer on the Trader's website include VAT. The prices of products or services stated in a quotation to a Business customer are stated excluding VAT, unless explicitly stated otherwise.

9.5. The Trader is entitled to perform the Agreement in different phases and to invoice the part thus performed separately.

9.6. If the Agreement is performed in phases, the Trader can suspend the performance of those parts belonging to a subsequent phase until the Customer has approved the results of the preceding phase In writing.

ARTICLE 10. DELIVERY / PERFORMANCE / TRANSFER OF RISK

10.1. The Trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

10.2. The place of delivery is the (shipping/receiving) address that the Customer has made known to the Trader.

10.3. With due observance of what is stated about this in article 4 of these Terms and Conditions, the Trader will execute accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the Customer will receive notice of this no later than one month after having placed the order. In that case, the Customer has the right to dissolve the Agreement free of charge.

10.4. In case of dissolution in accordance with the previous paragraph, the Trader will refund the amount paid by the Customer as soon as possible, but no later than within 30 Days after the dissolution.

10.5. If delivery of an ordered product proves impossible, the Trader will make efforts to make a replacement item available.

10.6. The risk of damage and/or loss of products rests with the Trader until the moment of delivery to the address referred to in paragraph 2, or a representative designated in advance and made known to the Trader, unless explicitly agreed otherwise.

10.7. At the moment the risk in the product transfers from the Trader to the Customer, any accompanying rings and/or permits/certificates and/or other documents required by government authorities (for example CITES), insofar as and to the extent applicable, are also transferred to the Customer, and from that moment the Customer is responsible for the correct administration and safekeeping of the aforementioned documents. From that moment, the Trader can never again be held liable for damage, fines resulting from inspection, infringement and/or loss of the aforementioned documents, etc. If the Customer legitimately returns the product to the Trader as stated in article 6 and/or 11, the Customer thereby also transfers to the Trader any rings and/or permits/certificates and/or other documents required by government authorities as stated above that were supplied to them, and is obliged to hand these back to the Trader.

ARTICLE 11. CONFORMITY AND WARRANTY

11.1. The Trader 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 statutory provisions and/or government regulations in existence on the date the Agreement was concluded.

11.2. The warranty referred to in this article applies to items intended for use within the Netherlands. When used outside the Netherlands, the Customer must verify for themselves whether such use is suitable/permitted for use there and whether it complies with the conditions and statutory requirements applicable there. The Trader can never be held liable for this, and the Customer indemnifies the Trader for any damages, fines and/or other penalties arising from such use by the Customer outside the Netherlands.

11.3. The warranty referred to in paragraph 1 of this article applies for a period of 7 (seven) days after delivery, unless this follows otherwise from the nature of the item delivered or the parties have agreed otherwise. If the warranty provided by the Trader concerns an item produced by a third party, the warranty is limited to that provided by the manufacturer of the item, unless stated otherwise. After the warranty period has expired, all costs of repair, reinstallation or replacement, including administration, shipping and call-out costs, will be charged to the Customer.

11.4. Any form of warranty lapses if a defect has arisen as a result of or follows from improper or inappropriate use, or use after the expiry date, incorrect storage or maintenance thereof by the Customer and/or by third parties, when, without the Trader's written consent, the Customer or third parties have made or attempted to make changes to the item, other items were attached to it that should not have been attached, or if it was processed in a manner other than prescribed. Likewise, the Customer is not entitled to any warranty if the defect has arisen from or is the result of circumstances the Trader has no influence over, including weather conditions (such as, for example but not exclusively, extreme rainfall or temperatures), attack/damage caused by mold/moth/parasite/(dust) lice and/or other insects and/or other matters that could damage the product, the Customer's insufficient and/or non-observance of the return conditions (article 12), etc.

11.5. The Customer is obliged to inspect (or have inspected) the delivered goods immediately at the moment they are made available to them, or immediately after the relevant work has been performed. In doing so, the Customer must check whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements the parties have agreed on in that respect. Any defects must be reported In writing to the Trader within 7 days of discovery. The report must contain as detailed a description of the defect as possible, so that the Trader is able to respond adequately. The Customer must give the Trader the opportunity to investigate (or have investigated) a complaint.

11.6. If the Customer complains in time, this does not suspend their payment obligation. In that case, the Customer also remains obliged to accept and pay for the other items ordered, unless these have no independent value.

11.7. If a defect is reported at a later stage, the Customer is no longer entitled to repair, replacement or compensation, unless a longer period follows from the nature of the matter or the other circumstances of the case.

11.8. If it is established that an item is defective and a timely complaint has been made about this, the Trader will, within a reasonable period after receiving the returned item or, if returning it is not reasonably possible, after written notification of the defect by the Customer, at the Trader's discretion, replace it or arrange for its repair, or pay the Customer replacement compensation for it. In case of replacement, the Customer is obliged to return the replaced item to the Trader and to transfer ownership of it to the Trader, unless the Trader indicates otherwise.

11.9. If it is established that a complaint is unfounded, the costs incurred as a result, including investigation costs, incurred by the Trader, are entirely for the Customer's account.

ARTICLE 12. RETURN CONDITIONS

12.1. Our products can be returned by post. The only condition we set is that the items you wish to exchange are in good condition and arrive intact. Shipping costs are at your own expense. Shipping costs will not be reimbursed. The return of fragile items is not covered by the warranty in case of damage during return shipment. The Trader decides on a case-by-case basis whether any compensation is given.


ARTICLE 13. PAYMENT

13.1. Unless agreed otherwise, amounts owed by the Customer must be paid in advance. The Customer cannot assert any right regarding the performance of the relevant order or service(s) until the agreed advance payment has been made in full.

13.2. The Customer has the duty to report inaccuracies in provided or stated payment details to the Trader without delay.

13.3. If the Customer is in default or in breach of the (timely) fulfilment of their obligations, then, subject to statutory limitations, the Trader has the right to charge the reasonable costs made known to the Customer in advance. In principle, a late-payment interest of 1% per month on the outstanding amount will be charged, unless the statutory interest rate is higher, in which case the statutory interest rate is owed. The interest on the amount due will be calculated from the moment the customer is in default until the moment the full amount owed has been paid.

13.4. The Customer is never entitled to set off what they owe to the Trader.

13.5. Objections to the amount of an invoice do not suspend the payment obligation.

ARTICLE 14. LIABILITY & INDEMNIFICATION

14.1. If the Trader should be liable, this liability is limited to what is regulated in these Terms and Conditions (more specifically this article).

14.2. The Trader is not liable for damage of any kind arising because the Trader relied on incorrect and/or incomplete information provided by or on behalf of the Customer.

14.3. The Trader is exclusively liable for direct damage.

14.4. Direct damage is understood to mean exclusively:
- the reasonable costs of determining the cause and extent of the direct damage, insofar as the determination relates to direct damage within the meaning of these Terms and Conditions;
- any reasonable costs incurred to make the Trader's defective performance conform to the Agreement, insofar as these can be attributed to the Trader;
- reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to a limitation of direct damage as referred to in these Terms and Conditions.

14.5. The Trader is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business or other interruption. This also applies to damage caused by moths, museum beetles, mold, carpet beetles and other insects that cause damage, etc.

14.6. The Customer indemnifies the Trader against any claims from third parties who suffer damage in connection with the performance of the Agreement and whose cause is attributable to a party other than the Trader.

14.7. If the Trader is held liable by third parties as a result, the Customer is obliged to assist the Trader both out of court and in legal proceedings, and to promptly do everything that may be expected of them in that case. Should the Customer fail to take adequate measures, the Trader is entitled, without notice of default, to take such measures itself. All costs and damage incurred by the Trader and third parties as a result are entirely for the account and risk of the Customer.

14.8. If the Trader should be liable for any damage, the Trader's liability is limited to a maximum of three times the invoice value of the order, or at least that part of the order to which the liability relates.

14.9. The Trader's liability is in any case always limited to the amount paid out by its insurer in the relevant case.

14.10. The limitations of liability contained in this article do not apply if the damage is due to intent or gross negligence on the part of the Trader or its managerial subordinates.

ARTICLE 15. FORCE MAJEURE

15.1. The Trader is not obliged to fulfil any obligation towards the Customer if it is prevented from doing so as a result of a circumstance that is not due to fault, and is not attributable to it by law, a legal act or generally accepted standards.

15.2. In these Terms and Conditions, force majeure is understood to mean, in addition to what is understood by this in the law and case law, all external causes, foreseen or unforeseen, over which the Trader has no influence, but as a result of which the Trader is unable to fulfil its obligations (this also includes: damage/decay in mounted animals, and/or damage not attributable to the Trader). The Trader also has the right to invoke force majeure if the circumstance preventing (further) performance of the Agreement arises after the Trader should have fulfilled its obligation.

15.3. The Trader may suspend its obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to compensate the other party for damages.

15.4. Insofar as the Trader has, at the time force majeure occurs, already partially fulfilled its obligations under the Agreement or will be able to fulfil them, and independent value is attached to the part fulfilled or to be fulfilled respectively, the Trader is entitled to invoice the part already fulfilled or to be fulfilled separately. The Customer is obliged to pay this invoice as if it were a separate Agreement.

ARTICLE 16. COMPLAINTS PROCEDURE

16.1. Complaints about the performance of the Agreement must be submitted to the Trader's customer service (whose contact details/visiting address are stated under article 2), fully and clearly described, within a reasonable time after the Customer has discovered the defects.

16.2. Complaints submitted to the Trader will be answered with due speed.

16.3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

ARTICLE 17. DISPUTES

17.1. Dutch law exclusively applies to Agreements between the Trader and the Customer to which these Terms and Conditions relate, even if an obligation is performed wholly or partly abroad. The applicability of the Vienna Sales Convention is excluded.

17.2. All disputes arising from offers or agreements, however named, will in the first instance be submitted to the judgment of the competent court in Zwolle.

17.3. The parties will only resort to the courts after having made every effort to resolve a dispute by mutual agreement.

ARTICLE 18. ADDITIONAL OR DEVIATING PROVISIONS

18.1. The Trader reserves the right to unilaterally amend these Terms and Conditions.

18.2. The version that applied at the time the relevant legal relationship with the Customer was established always applies. The Customer is advised to regularly (but in any case before placing an order) check the Terms and Conditions for changes.