General terms and conditions

Table of contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of Withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension 
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions the following definitions apply:

1. Reflection period: the period within which the consumer can exercise his right of withdrawal; Read all about the reflection period.
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Long-term transaction: a distance contract regarding a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
7. Model form: the model withdrawal form provided by the entrepreneur which a consumer can fill in when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
9. Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;
10. Technique for distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same space.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

• E-mail: support@boutique-moda.com
• Phone number: 0623299353

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the agreement is concluded remotely electronically, contrary to the previous paragraph and before the remote agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
4. In the event that, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs shall apply accordingly, and in case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions shall remain in effect for the rest, and the relevant provision shall be promptly replaced by a provision that approximates the intent of the original as closely as possible through mutual consultation.
6. Situations not covered by these general terms and conditions shall be assessed 'in the spirit' of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• any shipping costs;
• the manner in which the contract will be concluded and which actions are necessary for this; whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the contract;
• the period for acceptance of the offer, or the period within which the entrepreneur will set the price guarantees;
• the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
• whether the contract will be archived after conclusion, and if so, how it can be consulted by the consumer;
• the way in which the consumer can check and, if desired, correct the data provided by him in the context of the contract before concluding the contract;
• any other languages in which, besides Dutch, the contract can be concluded;
• the codes of conduct to which the entrepreneur has subscribed and the manner in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 - The contract

1. The contract is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the contract has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may - within legal frameworks - inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, they are entitled to refuse an order or request with motivation or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
• the information about warranties and existing after-sales service;
• the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to cancel the agreement without giving reasons within 30 days. This reflection period starts the day after the product is received by the consumer or a representative designated in advance by the consumer and known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receiving the product. The consumer must notify this by means of the model form or by another means of communication such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
4. If the customer has not indicated after the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, the costs of return shipment will be borne by the consumer up to a maximum.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. This is conditional on the product having already been received back by the web store or conclusive proof of complete return being provided. Refund will be made via the same payment method used by the consumer unless the consumer explicitly consents to another payment method.
3. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

• that have been performed by the entrepreneur in accordance with the consumer's specifications; that are clearly personal in nature;
• that by their nature cannot be returned;

3. Exclusion of the right of withdrawal is only possible for services:

• for which delivery has begun with the explicit consent of the consumer before the reflection period has expired;

Article 9 - The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased.
2. The prices mentioned in the offer of products or services include VAT.

Article 10 - Conformity and warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement.
3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months after discovery of the defect.
4. The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
• the delivered products have been exposed to abnormal circumstances or otherwise handled carelessly or are contrary to the instructions of the entrepreneur and/or treated on the packaging;
• the defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Subject to the provisions in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
4. The consumer cannot derive any rights from any mentioned terms. Exceeding a term does not entitle the consumer to compensation.
5. In case of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and entrepreneur-known representative, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination, and extension

Termination

1. The consumer may terminate an agreement entered into for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of at most one month.
2. The consumer may terminate an agreement entered into for a fixed term that involves the regular delivery of products or services at any time at the end of the fixed term, observing the agreed termination rules and a notice period of at most one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs:

• terminate at any time and not be limited to termination at a specific time or within a certainperiod;
• at least terminate in the same manner as they were entered into by the entrepreneur;
• always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

4. An agreement entered into for a fixed term that involves the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.
5. An agreement entered into for a fixed term that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month and a notice period of at most three months in case the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

Durability

6. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
3. In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 - Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. In case of complaints, a consumer must first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). The web store is currently not affiliated with a quality mark with a dispute committee.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Contact

• E-mail: support@boutique-moda.com
• Phone number: 0623299353