General Terms and Conditions

GENERAL TERMS AND CONDITIONS

Maraya.shop Definitions

1. Maraya.shop: MARAYA.EU, established in Utrecht under Chamber of Commerce number 77192923.

2. Customer: the person with whom MARAYA.EU has entered into an agreement.

3. Parties: MARAYA.EU and customer together.

4. Consumer: a customer who is also an individual and who acts as a private person
   acts.

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of MARAYA.EU.

2. Parties may only deviate from these terms and conditions if they have expressly agreed to this in writing.

3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Prices

1. All prices used by MARAYA.EU are in euros, include VAT and exclude
   any other costs such as administration costs, levies and travel, shipping
   or transportation costs, unless expressly stated otherwise or otherwise
   agreed.

2. All prices that MARAYA.EU uses for the products or services, on its
   website or otherwise made known, MARAYA.EU may at any time
   change.

3. Increases in the cost prices of products or parts thereof, which
   MARAYA.EU could not foresee at the time of making the offer or the
   the conclusion of the agreement may give rise to
   price increases.

4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Monsters/Models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of

the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Consequences of not paying on time

1. If the customer is in default, he will also owe MARAYA.EU extrajudicial collection costs and any compensation.

2. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection

3. If the customer does not pay on time, MARAYA.EU may suspend its obligations until the customer has fulfilled his payment obligation.

4. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, MARAYA.EU.'s claims on the customer shall be immediately due and payable.

5. If the customer refuses to cooperate with the execution of the agreement by EU, he is still obliged to pay the agreed price to MARAYA.EU.

Right of complaint

1. As soon as the customer is in default, MARAYA.EU is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.

2. MARAYA.EU exercises the right of complaint by means of a written or electronic communication.

3. Once the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to MARAYA.EU, unless the parties make other arrangements in this regard.

4. The costs of retrieving or returning the products will be borne by the

Right of withdrawal

1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:

   • the product has not been used

   • it is not a product that has been tailor-made or adapted specifically for the consumer

   • it is not a product that cannot be returned for hygiene reasons (jewelry and belts, etc.)

   • the consumer has not waived his right of withdrawal

   • The 14-day reflection period referred to in paragraph 1 commences:

   • on the day after the consumer has received the last product or part of 1 order

2. The consumer can make his/her appeal to the right of withdrawal known via info@arabicdress.com , if desired using the withdrawal form that can be downloaded from the EU website, https://ArabicDress.com .

3. The consumer is obliged to return the product to MARAYA.EU within 14 days after notification of his right of withdrawal, otherwise his right of withdrawal will lapse.

4. The costs for returning are at the expense of the

5. If the purchase costs are eligible for reimbursement under the law, MARAYA.EU will refund these costs to the consumer within 14 days of receipt of the return shipment, provided that the consumer has returned the product to MARAYA.EU in a timely manner.

6. Fees charged for the payment methods Klarna and Paypal will not be refunded to the customer regardless of whether a product is kept or not.

7. Gift cards and vouchers are valid for 1 year

8. Gift boxes can no longer be returned

9. Packing service is not refundable when the customer cancels the order

Right of suspension

Unless the Customer is a consumer, the Customer waives the right to suspend the performance of any obligation arising from this Agreement.

Right of retention

1. EU may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices to MARAYA.EU, unless the customer has provided sufficient security for those costs.

2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to EU.

3. EU is never liable for any damage that the customer may suffer as a result of exercising his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to MARAYA.EU against a claim on MARAYA.EU.

Retention of title

1. EU shall remain the owner of all delivered products until the customer has fully complied with all its payment obligations towards MARAYA.EU under any agreement concluded with MARAYA.EU, including claims relating to failure to comply.

2. Until then, the EU can invoke its right of retention of title and take back the goods.

3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise dispose of the products.

4. If EU invokes its retention of title, the agreement will be deemed to have been terminated and MARAYA.EU will be entitled to claim damages, lost profits and compensation.

Delivery

1. Delivery will take place as long as stock lasts

2. Delivery will take place at EU, unless the parties have agreed otherwise.

3. Delivery of products ordered online will take place at the time specified by the customer

4. If the agreed amounts are not paid or are not paid on time, EU has the right to suspend its obligations until the agreed portion has been paid.

5. In the event of late payment, the creditor is in default, with the result that the customer cannot object to late delivery against EU.

Delivery time

1. The delivery times stated by EU are indicative and do not entitle the customer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.

2. The delivery time commences at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from EU.

3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless the EU cannot deliver within 14 days after written notice to do so or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Shipping costs

Transportation costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the customer must have the carrier or delivery person make a note of this before accepting the product, failing which MARAYA.EU cannot be held liable for any damage.

2. If the customer arranges for the transport of a product himself, he must report any visible damage to products or packaging to EU prior to transport, failing which MARAYA.EU cannot be held liable for any damage.

Storage

1. If the customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2. Any additional costs resulting from premature or late purchase of products will be borne entirely by the

Warranty

1. The warranty with respect to products applies only to defects caused by defective manufacturing, construction or

2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, modifications to the product, negligence or improper use by the customer, or if the cause of the defect cannot be clearly identified.

3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the time when they are legally and/or actually delivered, or at least come into the possession of the customer or a third party who receives the product on behalf of the customer.

Swap

1. Exchanges are only possible for items purchased online and the following conditions are met:

   • Exchanges are only possible for products purchased online and take place within 14 days of purchase upon presentation of the original invoice.

   • the product is returned or brought to the store in the original packaging q. with the original (price) tags still attached

   • the product has not yet been used

   • custom made items cannot be

Disclaimer

The customer indemnifies MARAYA.EU against all claims from third parties relating to the products and/or services supplied by MARAYA.EU.

Complaints

1. The customer must examine a product or service supplied by EU as soon as possible for any deficiencies.

2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform MARAYA.EU of this as soon as possible, but in any case within 1 week after discovering the shortcomings.

3. The customer must provide as detailed a description as possible of the shortcoming, so that the EU is able to respond adequately.

4. The customer must demonstrate that the complaint relates to an agreement between

5. If a complaint relates to ongoing work, this may in any event not lead to the EU being obliged to perform work other than that agreed upon.

Notice of default

1. The customer must notify EU of any notice of default in writing.

2. It is the customer's responsibility to ensure that a notice of default actually reaches the EU (on time).

Customer's joint and several liability

If MARAYA.EU enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to MARAYA.EU under that agreement.

Liability MARAYA.EU

1. EU is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.

2. If EU is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.

3. EU is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.

4. If EU is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment of the amount of damages by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.

5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any

Expiry date

Any right of the customer to compensation from MARAYA.EU shall in any case expire 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 of the Civil Code.

Right of withdrawal

1. The customer has the right to terminate the agreement if EU is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.

2. If compliance with the obligations by EU is permanently or temporarily impossible, dissolution can only take place after MARAYA.EU is in default.

3. EU has the right to terminate the agreement with the customer if the customer does not fully or timely fulfil his obligations under the agreement.

complies, or if MARAYA.EU has become aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfil his obligations.

Force majeur

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by EU to fulfil any obligation towards the customer cannot be attributed to MARAYA.EU in a situation beyond the control of MARAYA.EU, which prevents the fulfilment of its obligations towards the customer in whole or in part or which makes it unreasonable to expect MARAYA.EU to fulfil its obligations.

2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); default and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and

3. If a force majeure situation occurs as a result of which EU cannot fulfil one or more obligations to the customer, those obligations will be suspended until MARAYA.EU is able to fulfil them again.

4. From the moment that a force majeure situation has lasted for at least 30 calendar days, either party may terminate the agreement in writing in whole or in part.

5. In the event of force majeure, the EU shall not be liable for any compensation (for damages), even if it enjoys any benefit as a result of the force majeure situation.

Amendment of the agreement

If, after the conclusion of the agreement, it appears necessary to change or supplement its content for its execution, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.

Changes to general terms and conditions

1. EU is entitled to amend or supplement these general terms and conditions.

2. Minor changes may be made at any time

3. EU will discuss major substantive changes with the customer in advance as much as possible.

4. Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.

Transfer of rights

1. Customer rights under an agreement between the parties may not be transferred to third parties without the prior written consent of MARAYA.EU.

2. This provision applies as a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Civil Code.

Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what the EU had in mind when drawing up the conditions on that point.

Applicable law and competent court

1. Every agreement between the parties is exclusively governed by Dutch law.

2. The Dutch court in the district where the EU is established/practices/has an office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Created on 30-12-2024.