Terms of service
Article 1 — Definitions
In these Terms of Service the following definitions apply:
- Maison Molier: the private limited liability company Maison Molier B.V., having its registered office at De Trompet 1217, 1967 DA Heemskerk, the Netherlands, registered with the Dutch Chamber of Commerce under number 93689470, VAT identification number NL866494480B01.
- Customer: any natural person acting outside their trade, business or profession (consumer) or legal entity that enters into an agreement with Maison Molier or to whom an offer is made.
- Consumer: a Customer who is a natural person acting for purposes outside their trade, business, craft or profession.
- Agreement: any agreement between Maison Molier and the Customer, including the purchase of Products through the Website.
- Products: the leather goods offered by Maison Molier, including phone cases, phone accessories, passport holders, bags, laptop sleeves and related articles.
- Website: the website operated by Maison Molier and any associated subdomains and applications.
- Distance Contract: an agreement concluded between Maison Molier and the Consumer in the context of an organised system for distance selling, exclusively using one or more means of distance communication, up to and including the moment the agreement is concluded.
Article 2 — Identity of the Trader
Maison Molier B.V.
De Trompet 1217
1967 DA Heemskerk, The Netherlands
Email: info@maisonmolier.com
Chamber of Commerce: 93689470
VAT identification number: NL866494480B01
Article 3 — Applicability
3.1 These Terms of Service apply to every offer made by Maison Molier and to every Agreement concluded between Maison Molier and the Customer. Before the Distance Contract is concluded, the text of these Terms of Service is made available to the Customer in such a way that they can be easily stored on a durable medium.
3.2 Deviations from these Terms of Service are valid only if expressly agreed in writing. The applicability of any general terms and conditions of the Customer is expressly rejected.
3.3 If any provision of these Terms of Service is or becomes void, voidable or unenforceable, the remaining provisions shall remain in full force. Maison Molier and the Customer shall in such event consult to agree a new provision that approximates as closely as possible the purpose and meaning of the original provision.
3.4 In the event of any inconsistency between these Terms of Service and a specific Agreement concluded in writing, the provisions of that specific Agreement shall prevail.
Article 4 — The Offer
4.1 Every offer made by Maison Molier is non-binding and may be revoked at any time, including immediately after acceptance. The offer contains a complete and accurate description of the Products and the price including VAT, with applicable shipping costs indicated separately or, where applicable, as included.
4.2 Product images on the Website are an indicative representation only. Variations in colour, grain, marking and texture are inherent characteristics of full-grain leather and do not constitute defects. Each piece of leather is unique, and minor differences between Products are part of the natural character of the material.
4.3 Obvious errors or mistakes in the offer (such as evident pricing errors) are not binding on Maison Molier.
Article 5 — Conclusion of the Agreement
5.1 The Agreement is concluded at the moment the Customer accepts the offer and the corresponding conditions have been satisfied.
5.2 If the Customer accepts the offer electronically, Maison Molier shall confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of such acceptance has not been confirmed by Maison Molier, the Customer may dissolve the Agreement.
5.3 Maison Molier reserves the right, within statutory limits, to verify whether the Customer is able to meet their payment obligations and to assess all facts and factors relevant to a sound conclusion of the Distance Contract. If, on the basis of such investigation, Maison Molier has good grounds to refuse the Agreement, it shall be entitled to refuse an order or request, or to attach special conditions to performance, with reasons given.
Article 6 — Prices and Payment
6.1 The prices stated in the offer are inclusive of VAT but exclusive of shipping costs, unless expressly stated otherwise. Shipping costs are stated separately during the order process.
6.2 For deliveries outside the European Union, additional import duties, customs charges and local taxes may apply. These are payable by the Customer and are not included in the purchase price.
6.3 The Customer shall pay at the time of placing the order using one of the payment methods offered. Maison Molier reserves the right not to dispatch an order until full payment has been received.
6.4 Maison Molier reserves the right to adjust prices, but such adjustments shall not affect Agreements already concluded, except in the case of price changes resulting from changes in VAT rates.
Article 7 — Delivery and Performance
7.1 Maison Molier shall observe the greatest possible care when receiving and executing orders for Products. The place of delivery is the address that the Customer has provided to Maison Molier.
7.2 Maison Molier shall execute accepted orders with due speed but no later than within thirty (30) days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially executed, the Customer shall be notified within thirty (30) days at the latest. In that case the Customer is entitled to dissolve the Agreement at no cost. Following such dissolution, Maison Molier shall promptly refund any sums already paid.
7.3 The risk of damage to and/or loss of Products rests with Maison Molier until the moment of delivery to the Customer or a representative previously designated by the Customer.
Article 8 — Right of Withdrawal for Consumers
8.1 The Consumer may dissolve a Distance Contract relating to the purchase of Products without giving reasons within a cooling-off period of fourteen (14) days. This period commences on the day the Consumer, or a third party other than the carrier designated by the Consumer, has acquired physical possession of the Product.
8.2 During the cooling-off period the Consumer shall handle the Product and the packaging with care. The Consumer may only unpack or use the Product to the extent necessary to assess the nature, characteristics and functioning of the Product. The Consumer is liable for any diminished value of the Product resulting from handling that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.3 To exercise the right of withdrawal, the Consumer shall notify Maison Molier in writing within the cooling-off period at info@maisonmolier.com using an unequivocal statement (e.g. by email), or by using the model withdrawal form annexed to these Terms of Service.
8.4 In line with Article 6:230p of the Dutch Civil Code, the right of withdrawal does NOT apply to certain categories of Products. The current Maison Molier collection consists of standard, non-customised leather goods to which the right of withdrawal fully applies. Should Maison Molier in the future offer Products that fall under a statutory exception — such as products made to the Consumer's specifications or clearly customised, or sealed Products opened after delivery for hygiene reasons — this will be communicated clearly on the relevant product page prior to purchase. Gift cards that have been activated or partially redeemed are excluded from the right of withdrawal.
8.5 The Consumer shall return the Product within fourteen (14) days of giving notice of withdrawal. The direct costs of return shipment are payable by the Consumer, unless Maison Molier expressly states otherwise. Detailed return procedures are set out in our Return and Refund Policy.
8.6 Maison Molier shall refund all payments received from the Consumer, including any delivery costs charged by Maison Molier for the returned Product, as soon as possible but no later than fourteen (14) days from the day on which the withdrawal is notified, provided that all Products have been received in good order or the Consumer has demonstrated that the Products have been returned. Maison Molier shall use the same payment method that the Consumer used, unless the Consumer expressly agrees otherwise.
Article 9 — Conformity and Warranty
9.1 Maison Molier warrants that the Products conform to the Agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the Agreement.
9.2 In addition to the Consumer's statutory rights under Articles 7:17 et seq. of the Dutch Civil Code, Maison Molier provides a commercial warranty of twelve (12) months from the date of delivery on manufacturing defects and craftsmanship faults. This commercial warranty does not affect the Consumer's statutory rights.
9.3 The warranty does not extend to:
• Damage caused by normal wear and tear, including the natural development of patina, surface darkening and minor scratches that are inherent to full-grain leather;
• Damage caused by improper use, neglect, accidents, exposure to extreme temperatures, moisture, perfumes, oils or chemicals;
• Damage caused by repairs or alterations carried out by parties other than Maison Molier or its authorised partners;
• Cosmetic differences inherent to the natural character of full-grain leather, including variations in colour, grain pattern, markings and texture;
• Products that have been used for purposes other than those for which they are intended.
9.4 Warranty claims shall be submitted in writing within a reasonable period after discovery of the defect, accompanied by photographs and the proof of purchase, to info@maisonmolier.com. For Consumers, a complaint within two (2) months of discovery is in any event considered timely under Article 7:23 Dutch Civil Code.
Article 10 — Care of Leather Products
10.1 Full-grain leather is a natural material that develops character through use. To preserve the quality and appearance of the Products, the Customer is advised to:
• Avoid prolonged exposure to direct sunlight, extreme heat or moisture;
• Protect Products from contact with perfumes, oils, lotions, dyes (including those from clothing) and chemicals;
• Clean the leather gently with a dry, soft cloth and use a leather conditioner suitable for full-grain leather periodically;
• Store Products in the dust bag provided when not in use.
10.2 Damage resulting from failure to follow reasonable care instructions is not covered by warranty.
Article 11 — Retention of Title
All Products delivered remain the property of Maison Molier until the Customer has fully complied with all payment obligations under the Agreement, including any related claims for interest and costs. Until full payment, the Customer is not authorised to encumber, alienate or otherwise dispose of the Products.
Article 12 — Liability
12.1 Nothing in these Terms of Service is intended to exclude or limit Maison Molier's liability for: (i) death or personal injury caused by Maison Molier's intent or gross negligence; (ii) fraud or fraudulent misrepresentation; (iii) any other liability that cannot be excluded or limited under applicable mandatory law, including the Consumer's statutory rights.
12.2 Subject to Article 12.1, Maison Molier's total liability per event or series of related events arising under or in connection with the Agreement is limited to the amount actually paid by the Customer for the Product or Products giving rise to the claim, with a maximum of EUR 5,000.
12.3 Subject to Article 12.1, Maison Molier shall not be liable for indirect or consequential loss, including but not limited to loss of profit, loss of revenue, loss of opportunity, loss of goodwill, business interruption or loss of data.
12.4 Maison Molier is not liable for damage resulting from inaccurate or incomplete information provided by the Customer.
12.5 Any right of action against Maison Molier expires in any event twelve (12) months after the event giving rise to the claim, unless mandatory law provides otherwise. For Consumers the statutory limitation periods apply.
Article 13 — Force Majeure
13.1 Maison Molier is not obliged to perform any obligation under the Agreement if performance is prevented by circumstances beyond its reasonable control (force majeure), including — without limitation — natural disasters, epidemics or pandemics, wars or armed conflict, acts of terrorism, civil unrest, government measures, labour disputes, disruptions in transport or supply chains, energy or internet outages, fire, theft and serious failures of suppliers or sub-contractors.
13.2 During force majeure the obligations of Maison Molier are suspended. If the period during which Maison Molier is unable to perform exceeds sixty (60) days, both parties are entitled to dissolve the Agreement, without an obligation to pay damages arising therefrom.
Article 14 — Intellectual Property
14.1 All intellectual property rights relating to the Website, the Products, designs, logos, brand names, photographs, illustrations, texts and all other content vest exclusively in Maison Molier or its licensors.
14.2 The Customer is not permitted to copy, distribute, modify or otherwise use any of the foregoing for commercial purposes without the prior written consent of Maison Molier.
14.3 The brand and trade name "Maison Molier" are protected. Use without express written consent constitutes infringement.
Article 15 — Complaints Procedure
15.1 Maison Molier has a publicly available complaints procedure. Complaints about the performance of the Agreement should be submitted, fully and clearly described, to info@maisonmolier.com within a reasonable period after the Customer has discovered the defect.
15.2 Maison Molier shall respond within fourteen (14) days from the date of receipt. If a complaint requires longer processing time, Maison Molier shall acknowledge receipt within fourteen (14) days, indicating an expected timeframe for a substantive response.
15.3 Consumers domiciled in the European Union may submit a complaint via the European Commission's Online Dispute Resolution platform (https://ec.europa.eu/odr). This complaint will not be processed via this platform unless the parties have so agreed.
Article 16 — Governing Law and Jurisdiction
16.1 These Terms of Service and any Agreement between Maison Molier and the Customer are governed exclusively by Dutch law, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
16.2 The Consumer's choice of law shall not deprive the Consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence.
16.3 Disputes between Maison Molier and the Customer shall be submitted exclusively to the competent court in Amsterdam, the Netherlands. The Consumer is also entitled to bring proceedings in the court of the place of their domicile.
Article 17 — Amendments
Maison Molier reserves the right to amend these Terms of Service. The most recent version is always available on the Website. Amendments shall not apply to Agreements already concluded.
— End of Terms of Service —
