1. General / applicability
1.1 These General Terms and Conditions are applicable to all offers and agreements by Mariposa Import.
1.2 Mariposa Import reserves the right to change or add to these General Terms and Conditions at any time.
1.3 By using the internet site of Mariposa Import and / or placing an order the Customer explicitly agrees to the General Terms and Conditions and other rights and obligations as stated on the internet site.
1.4 Deviation from the General terms and Conditions is only possible when this has explicitly been agreed upon in writing. The remaining terms of the General Terms and Conditions remain fully applicable.
1.5 If the Customer also refers to his general conditions, they will explicitly not be applicable unless Mariposa Import has explicitly agreed upon them in writing.
1.6 The term "Customer" refers to any visitor of the internet site or any natural person or artificial person in law who has or will have a contractual relation of any kind with Mariposa Import.
1.7 The term "Consumer" refers to any visitor of the internet site who purchases products by telephone or any other way of distant purchase as stated in article 2 in which the natural person does not act in the exercise of his/her duty.
2. Offers and realization of Agreements
2.1 All offers made by Mariposa Import are free of obligations. Offers must be considered as invitations to potential buyers to make an offer. Mariposa Import is by no means committed, unless it has been put down in writing unambiguously. Acceptance of the invitation to make an offer by the potential Customer, is a mere offer and only leads to the realization of an agreement if the remaining terms of this article are met.
2.2 Offers are effected under the condition that the products are available. Mariposa Import has the right to substitute the ordered product by a similar product or annul the agreement.
2.3 Realization of an agreement takes place when the Customer is sent a confirmation of an order by e-mail at the e-mail address given by the Customer.
2.4 Customer and Mariposa Import explicitly agree that by using means of electronic communication systems a legitimate agreement is realized as soon as the terms as stated in articles 2.1 and 2.3 are being met. Particularly the lack of the usual (ordinary) signature does not alter the mandatory validity of the offer nor does it alter the acceptance of the offer.
2.5 Information, pictures, verbal announcements given on the phone or via e-mail etc. concerning all offers and main features of the products are supplied as accurately as possible. However, Mariposa Import does not guarantee that all offers and products are completely similar to the information etc. given. Differences are in principle no reason for any kind of compensation and/or annulment.
2.6 Resale of products is prohibited unless said person is an authorized Butterfly/distributor for Mariposa Import products. Retail sale via internet is strictly forbidden. Products are available for purchaser's own personal use or to give as a gift.
2.7 All images, text, general terms and conditions are the property of Mariposa Import. To copy without written consent is a violation of copyright laws and may result in legal action.
3. Prices
3.1 All prices mentioned on the website are in Euro (€) and include 19% VAT (=Dutch BTW). Shipping (mailing) is not included in the price. The shipping (mailing) costs are mentioned on the Internet site. Special prices are applicable for shipment outside the Netherlands. There are specific conditions concerning payment and delivery costs applicable to buying outside the Netherlands. The Customer will be informed specifically about these costs and conditions.
3.2 If the Customer is not present in the country where the products are shipped from, he is liable for any possible sales taxes and/or import duties.
3.3 Possible special offers are only valid during the period of validity as stated along with the products.
3.4 The Customer is due to pay the price Mariposa Import has stated in the confirmation of the order in accordance with article 2.3 of these General Terms and Conditions. Mariposa Import may also correct possible errors in the quotation, such as evident inaccuracy after the realization of the agreement.
4. Payment
4.1 Products, which are ordered via the Internet site, can be paid for In advance, unless explicitly agreed upon otherwise By a once-only order
4.2 When Mariposa Import has agreed upon a term of payment the Customer is in default once the term has expired. Terms of payment can only be agreed on in writing, and will be negotiated at that moment.
5. Delivery and delivery period
5.1 Orders will be delivered promptly. The delivery times mentioned on the Internet site are mere indications. Mariposa Import may mention additional information about delivery periods or announce them in writing. Such information only has an indicative character.
5.2 If a product, purchased by a Customer is not in stock, it will be indicated when the product will be available again. The Customer will be notified of delays by e-mail or telephone.
5.3 Orders will be delivered at the address given by the Customer during the realization of the agreement. The Customer will be notified of further details in time. Products are at the expense and at the risk of the Customer from the moment the product is ready for shipment.
5.4 Mariposa Import takes care of the delivery by mail or any other way Mariposa Import chooses at the expense of the Customer. Delivery by mail or otherwise will take place after the payment has been received by Mariposa Import.
5.5 Mariposa Import has the right to perform delivery by installments. The extra costs involved in such cases are at the expense of Mariposa Import.
Different conditions may be applicable for delivery abroad.
6. Exchange and the right to terminate an agreement
6.1 The buyer is obliged to inspect the product promptly and accurately on delivery. Claims on defects must be reported promptly and in writing within 14 days of delivery or when concerning invisible defects within 21 days after the defects have been detected. The Customer can choose either a reimbursement of the payment or a credit note.
6.2 The Consumer is entitled to terminate an agreement within seven (7) days after the delivery of the product(s) if the Agreement has been realized through e-mail or any other means of electronic communication systems.
6.3 If the consumer wishes to terminate the agreement in accordance with article 6.2 of these General Terms and Conditions, he has to notify Mariposa Import of this in writing. The Consumer must return the product to Mariposa Import at once. The costs and risks of return and the initial mailing (shipment) costs are at the expense of the consumer.
6.4 The Consumer is entitled to reimbursement of the sums he has paid prior to the withdrawal in accordance with article 6.2, The costs will be reimbursed by Mariposa Import within 30 days after receiving the returned products.
6.5 Mariposa Import reserves the right to reject the returned product or only partially refund the payment when it is assumed that the product has already been opened, used or damaged by the Consumer-buyer.
7. Force Majeure / Act of God
7.1 In case of Act of God / Force Majeure Mariposa Import is not liable to observe the agreement with the Customer, this liability can be postponed for the duration of the Act of God / Force Majeure.
7.2 The terms Act of God / Force Majeure refer to unforeseen causes beyond its reasonable control, which, unintentionally, partially or fully keep Mariposa Import from observing her liability towards the Customer. For instance strikes, fires, industrial failures, electricity failures, non or delayed deliveries by suppliers or any other third parties involved. Failure in (telecommunication)- networks or in the connections of the communication systems used or/and the unavailability of the internet site at any time are also considered circumstances of Act of God / Force Majeure.
8. Warranties and Liability
8.1 The warranties as supplied by the manufacturer are applicable to the products supplied by Mariposa Import. During the warranty period, Mariposa Import only functions as an office window. The warranty leaves the rights of the Customer which result from the imperative lawful conditions, unimpeded.
8.2 In no event will Mariposa Import be liable to any party for any intentional damages or damages caused by faults of the Customer.
8.3 If Mariposa Import must pay any damages for any reason at all, Mariposa Import's liability will be limited to and never exceed the total amount paid for the product or it will be limited to the value of the amount the insurance company will remit for the product by which the damage has been caused.
9. Personal Information
9.1 Mariposa Import will use the personal information of the Customer exclusively in accordance with the privacy policy as stated in the Privacy Statement on the internet site of Mariposa Import.
9.2 Mariposa Import considers it a matter of major concern to treat the information provided by the Customer accurately and confidentially. When the Customer visits the internet site and/or places an order, a variety of data is compiled in order to give the Customer an optimal service.
9.3 Mariposa Import shall consider the applicable laws and regulations on privacy.
10. Applicable law
10.1 The Dutch law is applicable to all offers and agreements.
10.2 The Vienna Sales Convention is by no means applicable.
10.3 Any possible consequential disputes of offers and/or agreements shall be litigated to the judgment of a competent judge in Utrecht, unless the law explicitly appoints another judge as competent.
11. Miscellaneous
11.1 Mariposa Import is situated in Leersum, Koningin Emmalaan 1A. VAT ( Dutch BTW) verification number 239462750B01. Please forward all correspondence concerning an agreement or the General Terms and Conditions to Mariposa Import, Koningin Emmalaan 1A, 3956 TA in Leersum, The Netherlands.
