Terms and Conditions

These are the General Terms and Conditions of the private limited company Loove, trading under the name Mamma Nova, located at Weteringweg 18, 2641 KM Pijnacker.

Definitions

Customer: the person with whom MammaNova has entered into a (purchase) agreement.
Parties: MammaNova and the counterparty, such as customer or website visitor.
Consumer: a customer who is also an individual and acts as a private person.
Product: a product offered on the website by MammaNova, either under its own management or on behalf of a supplier. Own products include BBL cushions, compression clothing under own label, silicone patches, silicone breast forms, and breast tape. Supplier products include compression clothing under another label.

Applicability of general terms and conditions

These general terms and conditions apply to all offers, orders, agreements, and deliveries of products by or on behalf of MammaNova.
These general terms and conditions also apply to the use of the MammaNova website.
Parties can only deviate from these general terms and conditions if they have expressly agreed to this in writing.
The customer, counterparty, or website visitor who does not agree with these general terms and conditions should not use the services or website of MammaNova.
Parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
These general terms and conditions are always available on the MammaNova website and can be saved on a durable data carrier.
Before an agreement is concluded by MammaNova, these general terms and conditions are made known to the other party.
By using the MammaNova website and placing an order, the customer accepts these general terms and conditions.

Prices

All prices used by MammaNova are in euros and include VAT (9% or 21%), unless explicitly stated otherwise or agreed differently.
All prices exclude shipping costs:

Country	Shipping costs
Netherlands	€5,95
Belgium	€8,95
Germany	€9,95
Spain	€9,95
France	€9,95

Express shipments are available at different rates. For shipments outside this area, the price can be requested.
For orders to countries outside the EU, MammaNova sells the products excluding taxes and duties. Any customs duties are the responsibility of the customer.
During the validity period stated in the offer, the prices of the offered products will not be increased for that customer, unless the increase is due to legal regulations or other cost factors.
The consumer has the right to cancel the agreement with MammaNova within 7 days after the notification of a price increase, which is not a result of a legal regulation.
MammaNova has the right to adjust prices annually.
Prior to the implementation of an annual price increase, MammaNova will notify the price adjustment in writing, observing a period of at most 4 weeks.

Discount codes

All prices used by MammaNova are fixed prices, unless explicitly stated otherwise or agreed otherwise.
Personal or publicly accessible discount codes may be issued by MammaNova and/or partners with whom MammaNova cooperates.

The offer of a product

An offer of a product is made in writing or electronically, unless urgent circumstances make this impossible.
All product offers are invitations to the potential customer to make an offer to purchase that product.
MammaNova can only be held to the offer if this is explicitly and unambiguously indicated.
The offer contains a complete and accurate description of the products offered by MammaNova. The description is detailed enough to allow the customer to make a proper assessment of the offer.
Images used by MammaNova are a truthful representation of the offered products. Obvious mistakes or errors in the offer do not bind MammaNova.
If the offer has a limited validity period or is made under conditions, this will be explicitly stated.

Conclusion of the agreement

When the website visitor places an order on the website, MammaNova sends a message confirming receipt of the order. This email does not guarantee a purchase and is not proof of a (purchase) agreement.
MammaNova has the right to reject the offered agreement before an order is processed. An agreement is only concluded when the payment for the customer's order is accepted by MammaNova, the prices have been verified, and the order is processed and can be prepared for shipment.
The (purchase) agreement is concluded at the moment MammaNova sends the (whether or not automatically generated) second email containing the confirmation and acceptance of the purchase (order confirmation).
The order confirmation sent by MammaNova is deemed to fully and accurately reflect the content of the agreement.
The customer is deemed to have agreed with the content of the order confirmation, unless the customer has notified MammaNova in writing within 5 days of the date of the order confirmation that they cannot agree with (a part of) the content.
Any additional agreements and/or commitments made by MammaNova employees bind MammaNova only if confirmed by the authorized director.

Delivery time: 2-5 working days

Customer Account

The customer can add one or more products to the digital shopping cart on the website. Those products will be saved until they are checked out or removed from the cart.
The customer can choose to view the shopping cart or proceed directly to checkout.
At checkout, the customer can create a customer account so that orders are saved in that account.
To create a customer account, an email address, a name, and a password are required.
There is an option to add coupon codes during the ordering process.
After placing an order, both the customer and MammaNova receive an email confirmation of the order.
The customer can find the order in the customer account, provided it has been created.
It is possible to place an order without creating a customer account at MammaNova.

Payment

Payments are made through the secure environment of the website.
The customer can pay with a credit card (Visa, Maestro, MasterCard, American Express), PayPal, iDeal, ApplePay, GooglePay, ShopPay, or via Klarna. The customer can also choose to pay afterwards or in installments via Klarna. The terms for payment via Klarna can be found on Klarna’s website.
Offers are valid for a certain period and possibly under certain conditions, with the end date and any applicable conditions displayed on the website.

Delivery

Delivery takes place at the address provided by the customer at the time of order.
The customer is responsible for the accuracy, completeness, and reliability of the information provided to MammaNova.
Orders placed and confirmed on a working day before 1:00 PM will be processed and shipped the same day and can be delivered the next working day in the Netherlands.
Orders placed and confirmed on a working day after 1:00 PM will be processed and shipped the next working day and can be delivered the following working day in the Netherlands.
Shipping of stock products is handled with track & trace by PostNL, DPD & DHL. The customer must sign for receipt for orders valued at 150 euros or more.
Shipping of supplier products is handled by the courier or postal service selected by the supplier and under the conditions agreed between the supplier and that service.
If the delivery is delayed, MammaNova will send the customer a notification by email within the agreed delivery period.
If the product is no longer or only partially available, MammaNova will inform the customer as soon as possible and, if possible, offer a replacement or alternative product.
In that case, the customer has the right to cancel the agreement (in whole or in part) without costs, after which the purchase price (in whole or in part), including shipping costs, will be refunded to the customer within 14 days.
The risk of damage and/or loss of the products rests with Mamma Nova until the moment of delivery, unless expressly agreed otherwise.

Right of withdrawal / returns

The consumer has the right to cancel the contract in writing within 14 days from the moment of receipt of the product and to return the entire product, including the original packaging and in a reasonably original condition, within 14 days after notifying the return.
The consumer must handle the product and packaging carefully during this withdrawal period. The product may only be unpacked or used to the extent necessary to determine the nature, characteristics, and functioning of the product (just like in a store).
The consumer who exercises the right of withdrawal is requested, but not obliged, to inform Mamma Nova of the reason for the return.

The right of withdrawal is excluded:
4.1. for products that are manufactured according to consumer specifications, that are not prefabricated* and that are produced based on an individual choice or decision of the consumer, or that are clearly intended for a specific person. * This characteristic is stated in the text that serves as product information.
4.2. for products that spoil quickly or have a limited shelf life.
4.3. for products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken or packaging opened after delivery. If the returned product does not meet these conditions, Mamma Nova has the right to refuse the product.
4.4 for products of the brand Amoena, if the packaging has been opened. The antibacterial effect of these products ceases after opening, making returns impossible.
4.5. Because Mamma Nova sells medical products, Mamma Nova is required to comply with specific laws and regulations. An important part of this is that the production data (such as the LOT and batch number) must always remain visible and intact. This information is stated on the original product packaging. It is therefore essential that this packaging remains undamaged and the information is visible. Without this data, customer safety cannot be guaranteed. If upon receipt of a return shipment it appears that the packaging is missing or damaged, or that the data is no longer legible, a depreciation may be applied. The shipping box or outer box in which the product was delivered may, however, be replaced or damaged upon return; no depreciation will be applied for this.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
Within 8 working days after receiving the return, the amount the consumer paid for that order, excluding shipping costs and return label fees, will be refunded to the consumer using the same payment method.
The discount code used in the order will be reactivated after the return is received, unless the discount code’s validity period has expired.
For a return notification by a customer who chose payment via Klarna, after our approval, the payment obligation (partially) will be canceled with Klarna. Transaction fees from Klarna are reimbursed by the customer.
To return orders to Mamma Nova, the customer can use the online portal via the 'return' page.

Exchange

The customer has the right to notify Mamma Nova within 3 days from the moment of receipt of the product if they wish to exchange the product, if possible, for another size or color.
For an exchange, the product packaging must remain unopened and/or sealed for hygiene reasons.
The costs of return shipping and exchange are the responsibility of the customer.

Depreciation on returns

When the customer exercises the right to return, a depreciation fee may be charged if the returned product has been damaged or is not in its original condition. This applies, among other things, to the following situations:

Signs of use or damage
Products showing signs of use, such as stains from makeup, deodorant, creams, or other damage, are considered unsellable. In such cases, a depreciation may be applied depending on the severity of the damage.
Packaging requirements
Medical products must be returned in their original packaging, as it often contains important information such as production details and LOT numbers that must remain visible. It is crucial that the packaging bearing this information is intact and included with the return. However, the outer box or shipping packaging in which the product was sent may be damaged or replaced without causing any depreciation in value.
Incomplete returns
If parts or accessories of the product are missing, depreciation may be applied. The customer must ensure that all delivered parts of the product are included in the return shipment.
Hygienic reasons
For rehabilitation products and other medical items, hygiene is of utmost importance. Products returned in a condition that endangers the hygiene or safety of other customers will be assessed based on applicable health and safety regulations. In such cases, depreciation can amount to 100% of the purchase price.
Incorrectly packaged or damaged products
If the products are insufficiently packaged during the return process and arrive damaged at Mamma Nova, this may lead to depreciation of the refundable amount.

Amount of depreciation

The amount of depreciation is determined based on the extent to which the product has deteriorated or can no longer be sold as new. In some cases, the depreciation can amount to 100% of the original value, for example when the product has become completely unsellable due to use. The exact amount of depreciation is determined after inspection of the returned product, and the customer will receive written confirmation of this.

Resale

The products are intended for end users and not for resale.
Mamma Nova reserves the right not to deliver orders, in whole or in part, for reasons important to Mamma Nova, for example to potential resellers or to set a maximum on the quantities of certain products that can be ordered.
For orders that differ significantly in nature, size, or quantity of goods from what is generally customary among Mamma Nova's customers, Mamma Nova reserves the right to contact that customer and make further arrangements regarding the delivery of the order or to (partially) refuse the order.

Consequences of late payment

If the customer does not pay within the agreed term, Mamma Nova is entitled to charge interest from the day the customer is in default, with a part of a month counted as a full month.
The customer who is in default is also liable to Mamma Nova for extrajudicial collection costs and any compensation for damages.
Collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Mamma Nova may suspend its obligations until the customer has fulfilled their payment obligation.
In case of liquidation, bankruptcy, seizure, or suspension of payment on the part of the customer, Mamma Nova's claims on the customer become immediately due.
If the customer refuses to cooperate with the execution of the agreement by Mamma Nova, the customer is still obliged to pay the agreed price to Mamma Nova.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Set-off

Unless the customer is a consumer, the customer waives the right to offset a debt to Mamma Nova with a claim against Mamma Nova.

Warranty

Mamma Nova guarantees that the products at least meet the agreement, the specifications stated in the offer, the reasonable requirements of durability and usability, and the legal provisions and government regulations existing on the date the agreement was concluded.
The customer must examine a product delivered by Mamma Nova as soon as possible for any defects.
If a delivered product does not meet what the customer could reasonably expect from the agreement, the customer must notify Mamma Nova as soon as possible, but in any case within 1 month after discovering the defects.
Consumers must also notify Mamma Nova of defects no later than 1 month after receipt.
The customer provides as detailed a description as possible of the defect so that Mamma Nova can respond adequately.
If the product does not meet the warranty conditions, and the customer has reported this in time, Mamma Nova will replace or repair the product free of charge. For a product that cannot be replaced or repaired, compensation will be provided.

Indemnification

The customer indemnifies Mamma Nova against all claims from third parties related to the products delivered by Mamma Nova.

Complaints

Mamma Nova requests that customers who have a complaint about the execution of the agreement report it to Mamma Nova within a reasonable time.
The customer must prove that the complaint relates to an agreement between the parties.
Complaints can be submitted by contacting Mamma Nova via the contact form on the website or by email. Please include the order number.
The complaint submitted to Mamma Nova will be answered within 2 business days from the day of receipt. If a complaint requires a foreseeably longer processing time, an indication will be given of when the customer can expect a more detailed response.
The customer must give Mamma Nova at least 4 weeks to resolve the complaint through mutual consultation.
If this still does not satisfy, the customer can file a complaint with Webwinkelkeur.