TERMS & CONDITIONS
1. Contractual basis
The General Terms and Conditions of Sale detailed below apply to all offers and orders placed with Mahe Homeware. MaheHomeware reserves the right to adapt or modify the T&C’s at any time. The version of the Terms and Conditions applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a customer implies complete adherence, without reservation, to these terms and conditions. Customer’s T&C’s are not applicable to any order with Mahe Homeware.
The term “Customer” is understood to mean any individual with whom Mahe Homeware has concluded or wishes to conclude an agreement.
Clauses deviating from these terms and conditions are only applicable if and insofar as Mahe Homeware has confirmed these in writing.
Prices on the website and in the catalogue are valid for the date of purchase. Delivery: Ex works. Freight costs will be added according to prices from Mahe Homeware’s forwarders. Additional fees for island delivery will be added when applicable.
First time buyers will have a minimum order of 600 Euros (excl. VAT). Following orders minimum amount, 300 Euros (excl. VAT). Payment is fully in advance.
Confirmation of the order by the customer either via our B2B webshop, via email or during tradeshows is binding and implies the acceptance of all provisions of the T&C’s.
An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the customer by Mahe Homeware. For this purpose, the customer formally accepts the use of email for receiving confirmation of the contents of their order from the company Mahe Homeware. Mahe Homeware shall not be liable for errors in the order confirmation.
Unless otherwise specified in the quotation, quotations made by Mahe Homeware shall lapse if not accepted as made no later than ten (10) days after the date of the quotation. Mahe Homeware shall not be bound by the quotation, and an agreement shall thus be binding only when Mahe Homeware sends an order confirmation after receipt of the customer’s acceptance.
The customer shall check the order confirmation, and any objections to it shall be made by the date stipulated in the order confirmation or, if no date is stipulated, no later than the two day following the date on which the order confirmation was received. If the customer makes no objections within the above deadline, the order confirmation shall be binding.
An order cannot be cancelled by Customer after it has been confirmed.
Mahe Homeware sells to professionals around the world. Whenever possible, a minimum distance between competitors will be respected, however, we can only guarantee exclusivity in your area for those clients with orders over € 15,000 / year and with a commitment to regular orders throughout the year. The conditions will be reviewed annually and Mahe Homeware reserves the right to modify these conditions at any time.
Mahe Homeware reserve the right to close Customer´s account should the minimum spend thresholds not be met.
Every effort is made to ensure that the products you view online correspond as closely as possible to the final made to order pieces. However, due to the handmade nature of our products and the fine, natural materials we use in their creation, slight variations can and do occur.
Buying handmade means you are supporting the artisan directly and in turn you are also supporting the local communities were our crafts are made. No responsibility can be accepted for these variations, after all a hint of individuality only serves to make a bespoke piece that little bit more unique, so you can embrace this unique product made by hand with love.
Mahe Homeware takes the greatest care in the presentation and description of the products in order to provide the customer with the best possible information. However, some non-substantial errors may appear on the Website, which the customer acknowledges and agrees to. These errors are no grounds for dissolution of the agreement.
Prices are mentioned in the Website in Euros. Prices exclude VAT and exclude any customs duties and other taxes. Countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country. Such additional costs shall be directly paid by the Customer to the carrier.
In the event that an item lists an incorrect price, either due to typographical or other error, Mahe Homeware shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made Mahe Homeware shall credit Customers account in the amount of the incorrect price.
The total purchase price due will be indicated when the order is placed and when the purchase/agreement is confirmed.
International customers are mandated to provide Mahe Homeware with their valid VAT/Tax ID number. If no number can be provided or validated for any reason, the client will be charged 21% VAT per local Spanish rates.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
5. Payment terms
Orders will be on proforma basis. Payment needs to be made by bank transfer.
Bank address: PL. DEL PARAISO, 6 28340 VALDEMORO
Beneficiary: ODDY NEIGHBOURS S.L
Beneficiary address: C/MENOR 4, NAVE 2, 28770 COLMENAR VIEJO, MADRID SPAIN
IBAN: ES64 2100 1903 4202 0018 5586
The payment must be made without deduction and at your own risk either by bankers’ draft to us or by telegraphic to our account.
We provide our customers the service to also allow payment through PayPal. You can then wire the full payment including the Sales Order number to firstname.lastname@example.org. We charge 5% administrative costs on the total order amount to do so.
A due date is given on the order confirmation and we ask you to pay the complete invoice within 5 working days. If you do not make the payment within the time given, one reminder will be sent by Mahe Homeware. If client fails to be in contact or make the payment within 15 days after the first reminder the order will be cancelled, and a 25% fee of the total order value will be charged. In this case, no damage can be claimed with us.
The stock varies daily. The availability marked in the B2B Shop is indicative. Stock availability will be confirmed with the sales order. Mahe Homeware cannot be liable in case of an order cancellation because of stock depletion.
We reserve the right to limit the quantities of any products or services that we offer.
We reserve the right to discontinue any product at any time.
Mahe Homeware cannot be held liable to the customer or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Website.
The customer will have the chance to pre-book some references which in the current date are out of stock and not discountinued. Mahe Homeware will require a written email with the references and quantities the client request. Mahe Homeware will provide a proforma invoice for the 50% of the value of the goods at the proforma date, and the other 50% will be requested at the time the goods arrive to our warehouse. The proforma made by Mahe Homeware will be valid for ten (10) days and shall be paid in the same period. Once the proforma has been confirmed and a payment deposit paid, the Client will not be able to make any partial or total cancellation.
All our products are made by hand. It means that some of our products may need long lead times to produce. We cannot go beyond our capacity as this may affect our craftsmen working conditions and product quality. We appreciate the understanding and respect for artisan products.
7. Terms and time of delivery
Unless otherwise expressly agreed in writing and stated in the written order confirmation, delivery shall be made DAP (Delivered at Place) for countries within Europe. In all other markets delivery shall be Ex Works. All deliveries are made under reference to Incoterms 2010.
The delivery address and volume/weight of the order influences the freight calculation and determines the freight bill.
Mahe Homeware will pack your order in a few boxes / wooden pallets as possible to minimize the shipping costs.
Mahe Homeware does not deliver Franco.
The time of delivery shall be stated in the written order confirmation. The time of delivery stated in the order confirmation is approximate and goes from 10 to 15 days. A later delivery time cannot be considered a delay, nor will a delivery before the stipulated time of delivery entitle any compensation to be paid to the Customer. The Customer accepts that delivery in lots may occur and will be invoiced based on the lot concerned. Back orders shall be delivered as agreed with the customer.
If the customer refuses delivery or is unable to accept delivery on the agreed date, the customer shall cover any associated costs or loss incurred, including the costs of insurance and storage until the customer has accepted delivery on the agreed terms.
Any shortages or breakages on the pallet must be reported to Mahe Homeware within 24 hours of receipt of pallets. Missing claims or damage claims reported after this period, will not be accepted.
If there are visible damages on the pallets upon delivery, reservations must always be made on the driver’s cargo note. If this is not the case, the claim right will fall away.
8. Order annulment
Mahe Homeware shall be entitled to annul an order partly or entirely, including e.g. sold out goods and back order goods.
Mahe Homeware reserves the right to refuse a request or order and to close a customer account at its sole discretion.
Despite the best efforts of Mahe Homeware to satisfy the customers’ expectations, Mahe Homeware may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.
Mahe Homeware reserves the right to limit the number of items ordered. If this is the case, this will be communicated to Customer when confirming the order by email.
9. Liability for defects
Immediately upon delivery and in any event no later than seven (7) days after receipt of the delivery, the customer shall perform an examination of the products as required by proper business practice. Complaints regarding defects shall be made in writing upon the customer’s receipt of the goods, but no later than seven (7) days after delivery. Products that are returned to Mahe Homeware without prior information will not be credited. All goods must be returned in new and unused condition, together with a copy of your original delivery note.
All claims should be made in written to email@example.com within 7 days after delivery ACCOMPANIED by pictures of the items, boxes and courier label. It is also NECESSARY to remark in the Packing Slip handled by the courier any damage, break, or bad condition of the pallet/boxes delivered. Without this information Mahe Homeware will not process a successful claim.
In the event of a timely and justified complaint, Mahe Homeware will, at its own option, offer a discount, replacement to be shipped on the next order, create a credit note, or refund the full cost price of the item. Mahe Homeware shall pay no other damages or compensation. The customer may claim only the rights expressly stated in these sales and delivery terms. In the event that the customer forwards complaints regarding defects which are found not to be MaheHomeware’s fault, the customer shall reimburse any costs, e.g. lawyer’s fees, incurred by MaheHomeware in this respect.
10. General limitations of liability (including force majeure)
In no event shall Mahe Homeware be liable for operating loss, loss of profit or any other indirect loss. Any advice provided by Mahe Homeware in connection with the customer’s purchase shall be deemed to be for guidance only, and Mahe Homeware shall assume no liability in this respect, and shall thus not be liable for the suitability of the product for specific purposes. Mahe Homeware shall not be liable for defects, delay or any other damage caused by circumstances which Mahe Homeware ought not to have expected, including acts of war, terrorism, malicious damage, fire, blockades, mobilisation, import and export restrictions, political unrest, strike, lockout, labour shortage or shortage of goods, unusual natural events etc.
11. Product liability
Mahe Homeware shall assume product liability in accordance with current applicable legislation, but shall not assume any liability in excess of what is provided by law. Any product liability developed in Spanish case law but not stipulated by law may thus expressly not be relied upon. In no event shall Mahe Homeware be liable for operating loss, loss of profit or any other indirect loss.
12. Retention of title
The delivered products shall remain the property of Mahe Homeware until payment, including any interest and costs, has been made in full. The customer shall take all necessary precautions to protect Mahe Homeware’s property until the title has passed to the customer.
13. Mahe Homeware’s intellectual property rights
The customer is aware that all intellectual property rights in respect of Mahe Homeware’s trade mark and design belong to Mahe Homeware. The customer’s use of these shall thus be subject to Mahe Homeware’s previous agreement in writing.All rights, including copyright, in this website are owned by Mahe Homeware. Commercial use is restricted to our business customers and selected press. All others may not modify, delete, distribute or post anything on this website for any purpose.
Mahe Homeware shall assume no liability for errors in catalogues, brochures or other printed material or for any misinterpretation of the information provided therein.
Goods from Mahe Homeware may not be sold on websites such as eBay, Trendsales, QXL or other similar websites, and the customer is aware that sales via any such websites would have a material negative impact on Mahe Homeware goodwill and intellectual property rights.
16. Your account & privacy
When placing an order, the customer shall provide Mahe Homeware with personal data filled into our standard customer set-up form.
Mahe Homeware will use this data to set up a personal account for the customer. A confirmation of the subscription is sent to the customer by email.
By filling in the client set-up form, the customer ensures the accuracy and completeness of the data provided. Customer shall inform Mahe Homeware with updates on its personal data. If an error occurs relating to the recipient address, Mahe Homeware shall not be held liable in case of any inability to deliver the products ordered.
17. Governing law and venue
This agreement shall be governed by Spanish law with the exception of CISG, and any disputes shall be settled by the court stipulated as the court of first instance.
18. Customer Service
Any request, claim, suggestion or issue related with your data, please contact us at: firstname.lastname@example.org