General conditions

Below you can read our general terms and conditions for consumers. Would you like to receive them by e-mail or post? Please e-mail us at [email protected].

GENERAL TERMS AND CONDITIONS FOR CONSUMERS, Mala Spirit

Based on the model terms and conditions of the Netherlands Chamber of Commerce (KVK)

Version: 8 October 2026

Article 1. General

1. These terms and conditions apply to every offer, quotation and agreement between Mala Spirit, established at Alma Tademastraat 5, 8921 BT Leeuwarden, the Netherlands, registered with the Netherlands Chamber of Commerce (KVK) under number 64657981, VAT number NL 001845534B62, reachable at [email protected], hereinafter: “the Seller”, and a consumer, hereinafter: “the Customer”, to which the Seller has declared these terms and conditions applicable, insofar as the parties have not expressly and in writing agreed otherwise.

2. These terms and conditions also apply to agreements with the Seller for the performance of which the Seller needs to involve third parties.

3. These general terms and conditions are also written for the employees and the management of the Seller.

4. The applicability of any purchasing or other terms and conditions of the Customer is expressly rejected.

5. If one or more provisions of these general terms and conditions are at any time wholly or partly void or annulled, the remaining provisions of these general terms and conditions remain fully applicable. The Seller and the Customer will then consult each other in order to agree on new provisions to replace the void or annulled provisions, taking into account the purpose and intent of the original provisions as far as possible.

6. If there is any uncertainty about the interpretation of one or more provisions of these general terms and conditions, they are to be interpreted in accordance with their spirit. If doubt remains, the interpretation most favourable to the Customer applies.

7. If a situation arises between the parties that is not covered by these general terms and conditions, that situation is to be assessed in accordance with the spirit of these general terms and conditions.

8. If the Seller does not always require strict compliance with these terms and conditions, this does not mean that their provisions do not apply, or that the Seller loses the right in any way to require strict compliance with these terms and conditions in other cases.

9. The statutory rules on consumer sales and distance contracts apply to the agreement. Where these terms and conditions deviate from those rules to the detriment of the Customer, the statutory rules prevail.

Article 2. Quotations and offers

1. All quotations and offers of the Seller are without obligation, unless a period for acceptance is stated in the quotation. A quotation or offer lapses if the product to which it relates is no longer available in the meantime.

2. The Seller is not bound by its quotations or offers if the Customer can reasonably understand that the quotation or offer, or a part of it, contains an obvious mistake or clerical error.

3. The prices stated in a quotation or offer include VAT and other government levies. Shipping costs are stated separately and clearly before the order is completed. No costs are charged other than those shown before the order.

4. If the acceptance deviates (whether or not on minor points) from the offer included in the quotation or offer, the Seller is not bound by it. The agreement is then not concluded in accordance with this deviating acceptance, unless the Seller indicates otherwise.

5. A combined price quotation does not oblige the Seller to perform part of the order for a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.

Article 3. Duration of the agreement; delivery periods, performance and amendment of the agreement

1. The agreement between the Seller and the Customer is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or the parties expressly agree otherwise in writing.

2. The Seller delivers the ordered products as quickly as possible and no later than 30 days after the order, unless a different delivery period has been agreed. If this period is exceeded, the Customer may give the Seller a reasonable additional period to deliver. If the Seller still does not deliver, the Customer may terminate the agreement free of charge and will receive the amount paid back within 14 days.

3. The Seller is entitled to have certain work carried out by third parties.

4. If the Seller needs information from the Customer for the performance of the agreement, the performance period does not start until the Customer has provided this information correctly and completely.

5. If during the performance of the agreement it appears that it is necessary to amend or supplement it for its proper performance, the parties will adjust the agreement in good time and in mutual consultation. If the nature, scope or content of the agreement is changed, whether or not at the request or instruction of the Customer or of the competent authorities, and the agreement is thereby changed in qualitative and/or quantitative terms, this may have consequences for what was originally agreed. As a result, the originally agreed amount may be increased or decreased. The Seller will provide a price quotation in advance as far as possible. An amendment of the agreement may change the originally stated period of performance. The Customer accepts the possibility of amendment of the agreement, including a change in price and period of performance.

6. If the agreement is amended, including a supplement, the Seller is entitled to perform it only after approval has been given by the authorised person within the Seller and the Customer has agreed to the price and other conditions stated for the performance, including the time at which it will be performed. Failure to perform the amended agreement, or failure to perform it immediately, does not constitute a breach of contract by the Seller and is not a ground for the Customer to terminate the agreement.

7. Without being in default, the Seller may refuse a request to amend the agreement if this could have qualitative and/or quantitative consequences, for example for the work to be carried out or the goods to be delivered in that context.

8. If the Customer fails to properly perform what he is obliged to do towards the Seller, the Customer is liable for the damage the Seller suffers as a result, insofar as the law permits.

Article 4. Suspension, termination, right of withdrawal and interim cancellation of the agreement

1. The Seller is entitled to suspend the performance of its obligations or to terminate the agreement immediately and with immediate effect if:

– the Customer does not perform the obligations under the agreement, or does not perform them fully or on time;

– circumstances that have come to the knowledge of the Seller after the conclusion of the agreement give good reason to fear that the Customer will not perform its obligations;

– the Customer was asked, when the agreement was concluded, to provide security for the fulfilment of its obligations under the agreement and this security is not provided or is insufficient;

– the Seller can no longer be expected, because of a delay on the part of the Customer, to perform the agreement under the originally agreed conditions; in that case the Seller is entitled to terminate the agreement;

– circumstances arise of such a nature that performance of the agreement is impossible or that the Seller cannot reasonably be expected to maintain the agreement unchanged.

2. If the termination is attributable to the Customer, the Seller is entitled to compensation for the damage, including the costs, arising directly and indirectly as a result.

3. If the agreement is terminated, the Seller’s claims against the Customer become immediately due and payable. If the Seller suspends the performance of its obligations, it retains its rights under the law and the agreement.

4. If the Seller suspends or terminates the agreement on the grounds mentioned in this article, it is in no way obliged to pay compensation for damage and costs arising in any way as a result, whereas the Customer, on account of breach of contract, is obliged to pay compensation.

5. In the event of liquidation, (application for) suspension of payments or bankruptcy, attachment — if and insofar as the attachment has not been lifted within three months — against the Customer, debt rescheduling or any other circumstance as a result of which the Customer can no longer freely dispose of its assets, the Seller is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation. In that case the Seller’s claims against the Customer become immediately due and payable.

6. If the Customer cancels, in whole or in part, an order for items made specially to measure for the Customer, the goods ordered or prepared for this purpose, plus any related supply, removal and delivery costs and the working time reserved for the performance of the agreement, will be charged to the Customer in full.

7. The Customer may withdraw from the agreement within 14 days of receiving the product without giving any reason (right of withdrawal). He notifies the Seller of this within that period, for example by e-mail to [email protected], using the model withdrawal form or via the ‘Withdraw from contract’ function at the bottom of every page of the website, and returns the product within 14 days of that notification. If the Customer uses that function, he immediately receives an acknowledgement of receipt by e-mail stating the content of his notification and the date and time of receipt.

8. The Seller refunds the amount paid, including the standard shipping costs of the original delivery, no later than 14 days after the notification, using the same payment method the Customer used, unless the Customer agrees to another method. The Seller may withhold the refund until it has received the product or until the Customer has shown that he has returned it. Surcharges for a more expensive shipping method than standard shipping, such as registered shipping, are not refunded. The costs and responsibility of returning the product lie with the Customer. Shipping to the Customer is at all times the responsibility of the Seller.

9. During the withdrawal period, the Customer handles the product and its packaging with care. He may only unpack, inspect and try on the product as he would in a shop. Because the malas and bracelets of Mala Spirit have very specific energetic qualities, the Seller asks the Customer not to wear the product during the withdrawal period and not to remove any cards and labels. If the product has been used more than necessary to assess it, is damaged, or has taken on a smell, for example of perfume, body lotion, soap or smoke, it can no longer be sold as new. The Seller may then deduct the loss in value from the amount to be refunded; this may amount to the full purchase price.

10. The right of withdrawal does not apply to products made at the request of the Customer according to his specifications, such as a made-to-measure mala.

Article 5. Force majeure

1. The Seller is not obliged to perform any obligation towards the Customer if it is prevented from doing so as a result of a circumstance that is not due to its fault and is not for its account under the law, a legal act or generally accepted views.

2. In these general terms and conditions, force majeure means, in addition to what is understood by it in law and case law, all external causes, foreseen or unforeseen, over which the Seller has no influence but which make the Seller unable to perform its obligations. The Seller is also entitled to invoke force majeure if the circumstance that prevents (further) performance of the agreement occurs after the Seller should have performed its obligation.

3. The Seller may suspend its obligations under the agreement for as long as the force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the agreement, without any obligation to compensate the other party for damage.

4. If, at the time the force majeure occurs, the Seller has already partly performed or will be able to perform its obligations under the agreement, and the part performed or to be performed has independent value, the Seller is entitled to invoice the part already performed or to be performed separately. The Customer is obliged to pay this invoice as if it were a separate agreement.

Article 6. Payment and collection costs

1. Payment must be made when placing the order, using one of the payment methods offered on the website. In the case of payment by bank transfer, the Seller ships the order after the payment has been received.

2. If the Customer fails to pay an invoice on time, the Customer is in default by operation of law. The Customer then owes interest. In the case of a consumer sale, the interest is equal to the statutory interest. The interest on the amount due is calculated from the moment the Customer is in default until the moment the full amount due has been paid.

3. The Seller is entitled to apply payments made by the Customer first to reduce the costs, then to reduce the accrued interest and finally to reduce the principal sum and the current interest.

4. The Seller may, without being in default as a result, refuse an offer of payment if the Customer designates a different order for the allocation of the payment. The Seller may refuse full repayment of the principal sum if the accrued and current interest and collection costs are not paid at the same time.

5. If the Customer is in default in the (timely) performance of its obligations, all reasonable costs of obtaining payment out of court are for the account of the Customer. The extrajudicial costs are calculated on the basis of the Dutch Extrajudicial Collection Costs (Standards) Act (Wet normering buitengerechtelijke incassokosten). The Seller only charges these costs after it has given the Customer a written period of at least 14 days to pay. Any judicial and enforcement costs incurred will also be recovered from the Customer. The Customer also owes interest on the collection costs due.

Article 7. Retention of title

1. All goods delivered by the Seller under the agreement remain the property of the Seller until the Customer has properly fulfilled all obligations under the agreement(s) concluded with the Seller.

2. Goods delivered by the Seller that are subject to retention of title under paragraph 1 may not be resold and may never be used as a means of payment. The Customer is not entitled to pledge or otherwise encumber the goods subject to retention of title.

3. The Customer must always do everything that can reasonably be expected of him to safeguard the Seller’s ownership rights.

4. If third parties attach the goods delivered under retention of title or wish to establish or assert rights over them, the Customer is obliged to inform the Seller immediately.

Article 8. Guarantees, inspection and complaints

1. The goods to be delivered by the Seller conform to the agreement: they have the properties that the Customer could expect on the basis of the product description and are suitable for normal use. This is the legal guarantee. The Customer always has these rights, regardless of the country of the European Union in which he lives. The legal guarantee covers defects that already existed at the time of delivery, even if they only become visible later. It does not cover damage caused by use or accidents, such as a stone that breaks from knocking or falling, or an elastic that breaks because it has been stretched too far; see also paragraph 2.

2. Any form of guarantee lapses if a defect has arisen as a result of or in connection with injudicious or improper use, or incorrect storage or maintenance by the Customer and/or third parties. For example, when the Customer or third parties have made or attempted to make changes to the item without the written permission of the Seller, have attached other items to it that should not be attached to it, or if it has been processed or treated in a way other than prescribed. Nor can the Customer claim under the guarantee if the defect has arisen from or is the result of circumstances over which the Seller has no influence, including weather conditions (such as, but not limited to, extreme rainfall or temperatures) et cetera.

3. The Customer must inspect the delivered goods (or have them inspected) as soon as reasonably possible after they have been made available to him. In doing so, the Customer should check whether the quality and/or quantity of the delivered goods correspond to what was agreed and meet the requirements agreed between the parties. Any defects must be reported to the Seller (preferably by e-mail) within a reasonable time after discovery; a report within two months of discovery is always on time. The report must contain as detailed a description of the defect as possible, preferably with a photo, so that the Seller can respond adequately. The Customer must give the Seller the opportunity to investigate a complaint (or have it investigated).

4. If a defect is reported later than referred to in paragraph 3, the Customer is no longer entitled to repair, replacement or compensation, unless a longer period follows from the nature of the matter or the other circumstances of the case.

5. If it is established that an item is defective and a complaint has been made in time, the Seller will, at the Customer’s choice, repair or replace the defective item within a reasonable period after receiving it back or after written notification of the defect by the Customer, unless that choice is impossible or would entail disproportionately high costs for the Seller. If repair and replacement are impossible or disproportionately expensive for the Seller, for example because the shipping costs are higher than the value of the product, the Seller may instead refund the purchase price in whole or in part. In the case of replacement, the Customer is obliged to return the replaced item to the Seller and to transfer ownership of it to the Seller, unless the Seller indicates otherwise.

6. If it is established that a complaint is unfounded, the reasonable costs incurred by the Seller as a result, including the costs of investigation, are for the account of the Customer.

7. If the Customer wishes to have a product repaired outside the legal guarantee, this is possible. In this case the repair is free of charge, but any parts used and the postage costs must be paid by the Customer. A repair request form can be requested at [email protected].

Article 9. Liability

1. If the Seller is liable, this liability is limited to what is provided in this article.

2. The Seller is not liable for damage of any kind arising because the Seller relied on incorrect and/or incomplete information provided by or on behalf of the Customer.

3. The Seller is only liable for direct damage.

4. Direct damage means exclusively:

– the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions;

– any reasonable costs incurred to make the Seller’s defective performance conform to the agreement, insofar as these can be attributed to the Seller;

– reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions.

5. The Seller is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business or other interruption. In the case of a consumer sale, this limitation does not extend further than permitted under Article 7:24(2) of the Dutch Civil Code.

6. If the Seller is liable for any damage, the Seller’s liability is limited to a maximum of once the invoice value of the order, or at least to that part of the order to which the liability relates.

7. The Seller’s liability is in any case always limited to the amount paid out by its insurer in the case in question.

8. The limitations of liability in this article do not apply if the damage is due to intent or gross negligence of the Seller or its managerial staff, in the case of damage due to injury or death, and for liability under the statutory rules on product liability.

9. Nothing in this article limits the statutory rights of the Customer if the goods delivered do not conform to the agreement (article 8(1)).

Article 10. Limitation period

1. Legal claims and defences based on facts justifying the assertion that the delivered item does not conform to the agreement are subject to the statutory limitation rules. Such claims and defences become time-barred two years after the Customer has notified the Seller of such non-conformity.

Article 11. Transfer of risk

1. The risk of loss, damage or decrease in value passes to the Customer at the moment the goods come into the possession of the Customer.

Article 12. Indemnification

1. The Customer indemnifies the Seller against any claims of third parties who suffer damage in connection with the performance of the agreement and whose cause is attributable to parties other than the Seller.

2. If the Seller is held liable by third parties on that basis, the Customer is obliged to assist the Seller both in and out of court and to do without delay everything that may be expected of him in that case. Should the Customer fail to take adequate measures, the Seller is entitled to do so itself without notice of default. All costs and damage incurred by the Seller and third parties as a result are entirely for the account and risk of the Customer.

Article 13. Intellectual property

1. The Seller reserves the rights and powers to which it is entitled under the Dutch Copyright Act (Auteurswet) and other intellectual property laws and regulations. The Seller is entitled to use the knowledge gained through the performance of an agreement for other purposes as well, insofar as no strictly confidential information of the Customer is disclosed to third parties.

Article 14. Applicable law, complaints and disputes

1. All legal relationships to which the Seller is a party are governed exclusively by Dutch law, even if an obligation is performed wholly or partly abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention (CISG) is expressly excluded. If the Customer lives in another country, he retains the protection of the mandatory consumer rules of that country.

2. The parties will only apply to the court after they have made every effort to settle a dispute by mutual agreement. The Customer can submit complaints via [email protected]; the Seller will respond within 7 days. If the parties cannot reach an agreement, the dispute may be submitted to the competent court. A consumer can always also go to the court of his own place of residence.

Article 15. Where to find these terms and amendments

1. These terms and conditions can be found on the websites of Mala Spirit (www.malaspirit.nl, www.malaspirit.de and www.malaspirit.com) and will be sent by e-mail or post on first request.

2. The version that applied at the time of the order always applies.

3. These terms and conditions are a translation of the Dutch version. In the event of any discrepancy, the Dutch version prevails; if doubt remains, the interpretation most favourable to the Customer applies.