Terms and Conditions
1.1 These Terms & Conditions apply to all users of the online shop located at the internet address www.marshmallowandme.com (“the Website”), including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content, whereby Marshmallow and Me will apply these conditions unless agreed otherwise in writing. By visiting Marshmallow and Me's website, placing an order and/or purchasing something from it, you engage in our conditions and agree to be bound by the following terms and conditions. This Website is regulated by Marshmallow and Me, throughout the site, the terms “we”, “us” and “our” “our services/deliveries” refer to Marshmallow and Me's and/or its services. The terms “you” refers to the browsers, vendors, customers and merchants who are the users of this website.
1.2 Please read these Terms & Conditions carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
1.3 Marshmallow and Me reserves the right to update, change, modify or otherwise alter these Terms at any time. If any material changes are made to these Terms, Marshmallow and Me will notify you by publishing the revised Terms & Conditions. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. ANY ACCESS OR USE OF THE CONDITIONS BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS. If you do not want to be bound by these Terms, do not access this Website, purchase or use any of our services.
2. Identity of the Trader
- Company Name: Marshmallow and Me
- Registered address: Clusiuslaan 302, 1504HB Zaandam, The Netherlands
- E-mail address: info@marshmallowandme.com
- Registers at the Dutch Chamber of Commerce:
- Chamber of Commerce number: 68414277
- VAT identification number: NL243401024B01
3. Website Content & Use
3.1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3.2. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
3.3 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We have also indicated the sizes and body measurements and tried to portray the appearance of the garments on the photographs as accurate as possible. We cannot guarantee that the garments will look exactly the same like on one of the models on the Website, so the purchase is at your own risk. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
3.4. Occasionally there may be information on our site or in the conditions that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).
3.5. We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Services are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT MARSHMALLOW AND ME IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.
Any concerns regarding Content and/or availability of hyperlinks of a third party on the Services, which are not controlled by Marshmallow and Me, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at info@marshmallowandme.com, so that we may evaluate whether, in our sole discretion, to disable it from the Website’s Services.
4. Contracts & Order Procedures
4.1. The presentation of products on our Website does not constitute any offer by Marshmallow and Me for a purchase contract.
4.2. By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us after completing your order confirmation. Before you submit your offer you will be able to view the details inputted by you and correct any mistakes in the information provided.
4.3. On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.
4.4. A purchase contract between you and Marshmallow and Me will become effective only after we have accepted the offer by dispatching the goods ordered. The goods will be dispatched only after the full amount has been credited to our account. Ownership of merchandise will not be transferred until the associated obligations of purchaser have been fulfilled. At the point of transfer of ownership, which is at the point of delivery of the articles, product liability is transferred to the purchaser.
4.5. Marshmallow and Me has the right, but is not obligated, to limit the sales of our products and/or refuse any offer without stating a reason to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.
4.6. Despite any other established legal rights, Marshmallow and Me is entitled, at its own choice, in case of Force Majeur according art. 6:75 of the Dutch Civil Code, to cancel your order, or cancel the purchase agreement without legal intervention, by informing the client in writing. Client is not entitled to any damages, unless given the circumstances this would be unacceptable according to measures of reason and fairness.
5. Returns
5.1. Marshmallow and Me will accept returns on items purchased through the Website within 14 days of delivery of purchase, only to non-faulty items that are in their original condition, have not been worn, altered or washed; with all tags attached and without further visible damage. Marshmallow and Me is allowed to ask the customer for the reason of this dissolution, but the customer is under no obligation to state his/her reason(s).
5.2. Marshmallow and Me offers free shipping in the Netherlands, Belgium and Germany for purchases above € 100. Return costs are on the customer's behalf. Once the return has been processed in our system, you’ll receive a confirmation email from our customer service and the purchasing amount of the product will be transferred back to your account (excluding shipping).
5.3. During the withdrawal period of 14 days, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
5.4. All return shipments are to be shipped via the original shipping company. Please find more information in the Shipping & Delivery section of the Terms & Conditions. The necessary documents and instructions for returning items will be enclosed in an e-mail that you will receive from us.
5.5. Please note that we can only accept returns from the country, which the shipment was sent to. If the shipment was sent to Germany, for instance, we can only accept a return from Germany.
5.6. We are unable to refund any import tax/duty that your order may have incurred for returned items.
5.7. Please note to always add the order number of the purchase you want to return. If not, we can not make a refund.
5.8. Please send all returns to: Marshmallow and Me, Clusiuslaan 302, 1504 HB, Zaandam, The Netherlands
5.9. If you want to request a return or have additional questions regarding our returns policy, please contact us on info@marshmallowandme.com.
6. Consequences
6.1. Return item(s) have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. Should we not receive the return item(s) within this time frame, the return date expires and we will not be able to accept your return. The only exception for an extension is if you can provide proof (from the shipment company) that the package was indeed sent within the above mentioned time frame.
6.2. Products, which are not received in the original state, worn, dirty, damaged, without tags will not be refunded.
6.3. Should Marshmallow and Me items(s) being returned get lost or damaged in transit whilst using a different shipment provider than the original provider we shipped the item(s) to you with, you will not be refunded for your order, and you will have to process a claim with your chosen shipping partner.
7. Prices
7.1. The prices stated on our Website www.marshmallowandme.com at the time of your order apply. Prices stated in offers of products or services include VAT.
7.2. The goods offered at marshmallowandme.com are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
7.3. If you have ordered several items at the same time, the products may be delivered at different times.
8. Payment
8.1 Customers are able to make payments electronically to Marshmallow and Me with Shopify payments. Shipment of the order will take place once Marshmallow and Me has received payment for the order. Marshmallow and Me will add the shipping costs to the invoice of the order. More information concerning the shipping costs can be found under the title: “Shipping & Delivery”.
8.2 The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
9. Shipping & Delivery
9.1 After the payment is received in our system, your order will be dispatched. When your order has been shipped, we will send you an e-mail with a tracking link so you can track the status of your order until arrival. All orders are shipped from the Netherlands.
9.2. Shipping Fees
- For the Netherlands, Germany & Belgium: Free shipping for all orders.
- For countries within the EU: Between € 6.95 and € 22.95 dependant on the zone (defined by us) in which the country falls. Free shipping for orders above € 75 for EU countries within zone 2. Free shipping for orders above € 125 for EU countries within zone 3. Reduced shipping rates offered for orders above € 150 in zone 4 & 5.
- For international shipping outside of the EU: Between € 9.95 and € 22.95 dependant on the zone (defined by us) in which the country falls. For orders above € 125 in zone 1 a reduced shipping fee applies. For orders above € 150 in zone 2 a reduced shipping fee applies.
More information on the defined zones can be found on the shipping and handling page on the Website.
9.3. Shipping Time
- For The Netherlands: Orders within the Netherlands should arrive within 2-4 working days after payment is received.
- For countries within the EU: For orders within the EU order processing takes 2 working days. The expected shipment time is 2-6 working days, dependant on the country and postal code.
- For International orders outside of the EU: Orders are posted within 2 working days. The expected shipment time ranges from 3-10 days dependant on the country and postal code.
Delivery times are indicative and therefore not guaranteed. Marshmallow & Me is not responsible for delays in shipping or delivery due to 'force majeure' or other uncontrollable events. Marshmallow and me cannot be held responsible if the post is unable to deliver the order to the consumer on time.
9.4. Undeliverable's
Should the customer not retrieve the package for reasons because they are not home to retrieve it or it is not picked up from the pick-up point or parcel shop in time (within a week) the package will be returned to Marshmallow and me. Marshmallow and me is not responsible for re-shipment costs and should the customer wish to cancel the order in the process, Marshmallow and me has the right to withheld the shipping costs for both shipping and return shipping or additional costs incurred due to negligence on the customers part.
10. Transfer of ownership & Risk
Ownership of merchandise will not be transferred until the associated obligations of purchaser have been fulfilled. At the point of transfer of ownership, which is at the point of delivery of the articles, product liability is transferred to the purchaser. Therefore the risk of loss, theft or damage to the products shall pass to the customer at the moment when the customer, or someone acting on behalf of the customer, come into possession of the ordered products.
11. Questions and Complaints
In the case of questions or complaints concerning any of our products or procedures, please inform us by e-mail at info@marshmallowandme.com. You will receive a reply within 3 working days.
12. Copyright
All information on Marshmallow and Me's website is protected by copyright. It is illegal to copy, use or distribute any information from Marshmallow and Me's website without first acquiring written permission. Visitors and users of Marshmallow and Me's website may not claim any rights pertaining to the information on the website. None of the text or graphics from Marshmallow and Me's websites may be partially or wholly copied or publicly used for printing, photocopying, faxing, overtyping, in an electronic database, or for any other reproduction purposes.
13. Acceptance of Terms & Conditions
All website users are required to be aware of, and to agree with, all of the above Terms & Conditions. By placing an order with Marshmallow and Me the customer automatically agrees to all of our Terms & Conditions. Marshmallow and Me’s client’s details are automatically stored in our client list and will only receive our newsletter with consent.
14. Disclaimer and limitation of liability
Disclaimer. MARSHMALLOW AND ME ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY MARSHMALLOW AND ME OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN \”AS IS\” AND \”AS AVAILABLE\” BASIS. ALL PRODUCTS SOLD BY MARSHMALLOW AND ME SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, MARSHMALLOW AND ME MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. MARSHMALLOW AND ME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SERVICES OR LINKED TO FROM THIS SERVICES.
SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
