General Terms and Conditions – Maison Marone Paris
1. Definitions
In these General Terms and Conditions, the following definitions apply:
1.1 Aw: Copyright Act 1912 (Auteurswet 1912).
1.2 Designer: Maison Marone Paris, represented by Michiel de Bruin, located at Carel Willinkstraat 12, 3544 MA Utrecht, registered under Chamber of Commerce number 98258575. Maison Marone Paris is defined as the user within the meaning of Article 6:231 of the Dutch Civil Code (BW). All future trade names and services also fall under this definition. Hereinafter referred to as “Maison Marone.”
1.3 Client: The (legal) person who personally or in the course of business provides an assignment to Maison Marone. The client is the counterparty within the meaning of Article 6:231 BW.
1.4 Design: All works and designs in the broad sense of the word, as referred to in Article 10, paragraphs 1 sub 6, 9, and 11 Aw, or other works within the meaning of the Aw that can be equated with such works. Maison Marone delivers handcrafted/custom designs on its own products and materials, or on third-party products such as shoes, clothing, and textiles. Custom designs may be ordered via an order form unless Maison Marone offers otherwise. A selection of products may also be ordered via the webshop and settled through the webshop’s payment procedure (i.e., the shopping cart).
1.5 Medium: The carrier on which designs are recorded, such as prints, photos, or digital recordings, including the physical execution thereof on, but not limited to, shoes, clothing, and/or textiles.
1.6 Services: All services related to design and all related services, both online and offline, including additional services in the broad sense of the word, for both business-to-business and business-to-consumer.
1.7 Use: Reproduction and/or disclosure within the meaning of Articles 1 in conjunction with 12 and 13 Aw.
1.8 General Terms and Conditions: These terms apply to all legal relationships between Maison Marone and the client, including quotes, order confirmations, and verbal or written agreements, even after termination of an agreement, unless explicitly deviated from in writing. These terms apply to the trademarks and trade names Maison Marone and Maison Marone Paris. Only the terms of Maison Marone apply; all other terms are explicitly rejected.
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2. Quotes and Offers
2.1 Offers displayed on the website concern handmade products. For custom work, including large quantities and items not published on the website, a quote will be drawn up at the client’s request. Quotes are provided in writing (via email). All offered services are handcrafted; therefore, the offer may differ from the displayed (visual) material on the website or social media.
2.2 Offers in quotes are valid for one (1) month.
2.3 A composite price quote does not oblige Maison Marone to perform part of the assignment for a corresponding part of the stated price unless explicitly agreed in writing before concluding the agreement. Offers do not automatically apply to future assignments.
2.4 Offers and promotions other than quotes are valid only for the period and under the conditions stated in the offer or promotion.
2.5 Acceptance of a quote, offer, or promotion establishes an assignment agreement between Maison Marone and the client.
2.6 Product promotion may occur, but is not limited to, Instagram, Facebook, LinkedIn, other social media, fairs, events, Marktplaats, and/or third-party channels. These will generally refer to www.maisonmarone.com unless Maison Marone specifies otherwise. Offers concern handcrafted/custom products and may differ from displayed visual material. Articles 2.1 through 2.5 apply accordingly.
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3. Use of Images by Maison Marone
3.1 Images produced may be used by Maison Marone for promotional purposes online and offline, including placement on the website, portfolio, printed materials, or professional awards submissions. Clients objecting to such use must notify Maison Marone in writing.
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4. Intellectual Property, Copyright, and License
4.1 Maison Marone retains copyright on all delivered designs and products. Designs and products may not be used for commercial purposes without the express written consent of Maison Marone.
4.2 Any unauthorized use of photos, digital recordings, and/or prints constitutes copyright infringement. Maison Marone is entitled to compensation of at least three times its usual fee for such use, with a minimum of €300 per violation, without prejudice to additional rights, including claims for direct and indirect damages and all legal and extrajudicial costs.
4.3 The license for images and materials remains with Maison Marone. Only a limited right of use is granted. Use contrary to Maison Marone’s rights, law, or good morals entitles Maison Marone to withdraw the license at any time.
4.4 Clients remain responsible for using materials in compliance with applicable laws in the jurisdiction where use occurs. Maison Marone has no obligation to investigate foreign laws; this is the client’s responsibility.
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5. Use of Designs, Photos, Images, Products, and Materials
5.1 Forwarding designs, photos, images, products, or materials to commercial parties (e.g., suppliers) requires express written consent from Maison Marone.
5.2 Publishing images on personal websites or social media (Facebook, Twitter, blogs, etc.) is allowed only with clear attribution and reference to www.maisonmarone.com.
5.3 Altering designs, products, photos, images, and/or materials is prohibited. Maison Marone may invoke its intellectual property and copyright. Products may include items from third parties (shoes, clothing, textiles) purchased within the EU, reasonably assumed to be placed on the market with trademark holder permission. Maison Marone does not intend to become an official dealer of any third-party brand.
5.4 Custom products cannot be returned. Maison Marone reserves the right to accept new orders without notice for the date originally requested by the client.
5.5 Intellectual property rights of concepts or creations developed by the client are owned by Maison Marone. Use requires prior permission and is limited to the assignment duration. Upon completion, all rights and materials must be returned or destroyed, including electronic copies. Retention periods follow European regulations and may exceed Dutch requirements.
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6. Invoices and Payment
6.1 Orders, including personalized shoes and clothing, are made via order form. If the client does not cancel within 24 hours, the order is deemed approved. Maison Marone will contact the client and/or issue the invoice. Payment is due according to the invoice.
6.2 Clients must check invoices for errors. Failure to reject an invoice within seven working days makes the invoice binding, and complaint rights lapse.
6.3 Maison Marone may reasonably adjust prices if costs increase by more than 5% between the offer and delivery.
6.4 Non-payment triggers a written notification (email), acting as order cancellation. Partial payments do not constitute full payment. Maison Marone does not offer installment payment options.
6.5 Custom products are ordered via order form, unless Maison Marone offers otherwise. Products ordered via the webshop are paid according to the webshop procedure. Products are shipped after full payment and production.
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7. Cancellation
7.1 Cancellation is possible no later than 24 hours before production starts or 24 hours after ordering. Deposits outside this period are non-refundable. For cancellations, one-third of the total price is charged unless Maison Marone decides otherwise.
7.2 Refunds will be processed reasonably within 14 working days.
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8. Liability
8.1 Maison Marone is not liable for damages unless caused by gross negligence or intent. Liability is limited to the invoice amount or insurance payout. Indirect damages, including consequential loss or business interruption, are excluded.
8.2 Maison Marone is not liable for damages caused by third parties; the client indemnifies Maison Marone from such claims.
8.3 Products may include third-party items legally purchased within the EU. Maison Marone does not intend to become an official dealer of third-party brands. Maison Marone is not liable for traceability of third-party permissions.
8.4 Clients must take reasonable measures to prevent damage and protect Maison Marone’s equipment and personnel during assignments.
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9. Delivery and Force Majeure
9.1 Maison Marone only delivers high-quality products.
9.2 Delivery occurs on agreed dates via designated carriers (e.g., PostNL, DHL, UPS).
9.3 Maison Marone relies on producers for shoes, clothing, and textiles.
9.4 In case of unforeseen circumstances (e.g., illness), liability is limited to reimbursement of amounts already paid. Replacement arrangements may be proposed; clients cannot unilaterally terminate due to force majeure.
9.5 Maison Marone is not liable for lost or delayed shipments by delivery services. Check carriers’ tracking for delivery times.
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10. Termination of Agreement
10.1 The agreement ends upon delivery of ordered products.
10.2 Termination due to complaints or disputes is subject to Article 12. Clients have no unilateral termination right.
10.3 Suspension of payments or bankruptcy terminates the agreement and refund obligations.
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11. Privacy and Confidentiality
11.1 Terms apply to all present and future relationships and services, including webshop use.
11.2 Use of services constitutes acceptance of these terms.
11.3 Maison Marone is not responsible if terms were not read.
11.4 Confidential information must be treated as confidential by both parties and involved third parties. Rights under the agreement may not be transferred to third parties without proper authorization.
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12. Applicable Law and Disputes
12.1 Complaints must be reported in writing within five working days of delivery.
12.2 Parties will strive to resolve disputes amicably. Legal action may only follow if resolution fails.
12.3 Invalid provisions do not affect remaining terms; courts will interpret invalid clauses in line with these terms.
12.4 Dutch law applies. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Dutch courts have jurisdiction.