Terms and Conditions

General terms and conditions Boudoit Boutique 

  

Table of Contents: 

Article 1 - Definitions. 

Article 2 - Identity of Boudoit Boutique 

Article 3 - Applicability 

Article 4 - The sacrifice 

Article 5 - The agreement 

Article 6 - Right of withdrawal 

Article 7 - Obligations of the consumer during the withdrawal period 

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof 

Article 9 - Obligations of Boudoit Boutique in the event of withdrawal 

Article 10 - Exclusion of the right of withdrawal 

Article 11 - The Price 

Article 12 - Performance and additional warranty 

Article 13 - Delivery and execution 

Article 14 - Duration transactions: duration, termination and extension 

Article 15 - Payment 

Article 16 - Complaints procedure 

Article 17 - Disputes 

Article 18 - Additional or different provisions 

  

Article 1 - Definitions 

In these terms and conditions the following definitions apply:

Ancillary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by Boudoit Boutique or by a third party on the basis of an arrangement between that third party and Boudoit Boutique;

Grace period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person not acting for purposes related to his trade, business, craft or profession;

Day: calendar day;

Digital content: data produced and delivered in digital form;

Long-term contract: a contract for the regular supply of goods, services and/or digital content for a specified period;

Durable data carrier: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use during a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;

Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period;

Distance contract: an agreement concluded between Boudoit Boutique and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract exclusive or joint use is made of one or more techniques for distance communication;

Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;

Boudoit Boutique: the legal entity as further defined in Article 2, which offers products, (access to) digital content and/or services to consumers remotely as set out under these general terms and conditions;

Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time;

 

Article 2 - Identity of Boudoit Boutique 

Name of entrepreneur: Boudoit Boutique 

Business address: Kloetinge, The Netherlands. 

Email address: info@boudoit.com 

Chamber of Commerce number: 90734556 

  

Article 3 - Applicability. 

These general conditions apply to every offer of Boudoit Boutique and to every distance contract concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, Boudoit Boutique will indicate the way in which the general terms and conditions can be inspected at Boudoit Boutique and that, at the consumer's request, they will be sent free of charge as soon as possible.

If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.

In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs apply by analogy and in the event of conflicting conditions the consumer can always rely on the applicable provision that is most favorable to him. 

Article 4 - The sacrifice 

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Boudoit Boutique uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind Boudoit Boutique.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

  

Article 5 - The agreement 

The agreement comes into effect, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the accompanying conditions.

If the consumer has accepted the offer electronically, Boudoit Boutique will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Boudoit Boutique, the consumer may dissolve the agreement. After receiving this confirmation, it is no longer possible for the consumer to dissolve or cancel the agreement: however, the consumer can exercise the right of withdrawal (Article 6).

If the agreement is concluded electronically, Boudoit Boutique will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Boudoit Boutique will observe appropriate security measures to this end.

Boudoit Boutique can inform itself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, Boudoit Boutique has good grounds for not entering into the agreement, it is entitled to refuse an order or application or to attach special conditions to the execution, giving reasons.

Boudoit Boutique will include the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier, at the latest upon delivery of the product, service or digital content:

the visiting address of the branch of Boudoit Boutique where the consumer can go with complaints;

the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;

the information on guarantees and existing after-sales service;

the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;

the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;

if the consumer has a right of withdrawal, the model withdrawal form.

In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal 

The consumer can dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 (fourteen) days. Boudoit Boutique may ask the consumer about the reason for withdrawal.

The withdrawal period mentioned in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:

if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. Boudoit Boutique may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.

if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;

in the case of contracts for regular delivery of products during a given period: the day on which the consumer, or a third party designated by him, has received the first product.

In the case of services and digital content not supplied on a tangible medium:

The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. Boudoit Boutique may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).

The withdrawal period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not delivered on a tangible medium in case of failure to inform about right of withdrawal:

If Boudoit Boutique has not provided consumers with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

If Boudoit Boutique has provided the information referred to in the previous paragraph to the consumer within twelve months of the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

  

Article 7 - Obligations of the consumer during the reflection period 

During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

The consumer is only liable for diminished value of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.

The consumer is not liable for depreciation of the product if Boudoit Boutique did not provide him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

  

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof 

If the consumer exercises his right of withdrawal, he shall notify Boudoit Boutique within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) Boudoit Boutique. This is not necessary if Boudoit Boutique has offered to pick up the product itself. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired.

The consumer returns the product with all delivered accessories, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Boudoit Boutique.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer bears the direct cost of returning the product. If Boudoit Boutique has not notified the consumer that the consumer must bear these costs or if Boudoit Boutique indicates that it will bear the costs itself, the consumer does not have to bear the costs of return shipment.

The consumer shall not bear any costs for the complete or partial delivery of digital content not delivered on a tangible medium if:

he has not expressly consented, prior to its delivery, to the beginning of the performance of the contract before the end of the withdrawal period;

He has not acknowledged losing his right of withdrawal when giving his consent; or

Boudoit Boutique has failed to confirm this declaration by the consumer.

If the consumer exercises his right of withdrawal, all additional agreements shall be dissolved by operation of law.

Article 9 - Obligations of Boudoit Boutique in the event of withdrawal. 

If Boudoit Boutique facilitates the consumer's notification of withdrawal by electronic means, it will send an acknowledgment of receipt of this notification without delay after receiving it.

Boudoit Boutique reimburses all payments made by the consumer, excluding any delivery costs charged by Boudoit Boutique for the returned product, without delay but within 14 (fourteen) days following the day on which the consumer notifies it of the withdrawal. Unless Boudoit Boutique offers to pick up the product itself, it may wait to refund until it has received the product or until the consumer proves that he has returned the product, whichever is earlier.

For reimbursement, Boudoit Boutique will use the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge to the consumer.

If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Boudoit Boutique does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal 

Boudoit Boutique may exclude the following products and services from the right of withdrawal, but only if Boudoit Boutique clearly stated this when making the offer, or at least in good time before concluding the agreement:

Products or services whose price is linked to fluctuations in the financial market over which Boudoit Boutique has no influence and which may occur within the withdrawal period;

Agreements concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by Boudoit Boutique to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;

Service contracts, after full performance of the service, but only if:

the performance has begun with the express prior consent of the consumer; and

the consumer has declared that he loses his right of withdrawal once Boudoit Boutique has fully performed the contract;

Service contracts for provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;

Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;

Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;

Products that spoil quickly or have a limited shelf life;

Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

Products which after delivery are by their nature irrevocably mixed with other products;

Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which Boudoit Boutique has no influence;

Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;

Newspapers, magazines or journals, with the exception of subscriptions to them;

The delivery of digital content other than on a tangible medium, but only if:

The performance has started with the express prior consent of the consumer; and

the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price 

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, Boudoit Boutique may offer products or services whose prices are linked to fluctuations in the financial market and over which Boudoit Boutique has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if Boudoit Boutique has stipulated it and:

they are the result of legal regulations or provisions; or

the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and additional guarantee 

Boudoit Boutique guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, Boudoit Boutique also guarantees that the product is suitable for other than normal use.

An additional guarantee provided by Boudoit Boutique, its supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer may assert against Boudoit Boutique on the basis of the agreement if Boudoit Boutique has failed to fulfill its part of the agreement.

Additional guarantee means any undertaking by Boudoit Boutique, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.

  

Article 13 - Delivery and execution 

Boudoit Boutique will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to Boudoit Boutique.

Subject to what is stated about this in article 4 of these general terms and conditions, Boudoit Boutique will execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.

After dissolution in accordance with the previous paragraph, Boudoit Boutique will refund the amount paid by the consumer without delay.

The risk of damage and/or loss of products rests with Boudoit Boutique until the moment of delivery to the consumer or a representative designated in advance and made known to Boudoit Boutique, unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, termination and renewal 

Termination: 

The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products or services, with

termination with due observance of agreed termination rules and a notice period not exceeding one month.

The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products or services at any time at the end of the fixed term in compliance with the applicable termination rules and a notice period of up to one month.

The consumer may the agreements mentioned in the previous paragraphs:

terminate at any time and not be limited to termination at a specific time or period;

terminate at least in the same way as these agreements were entered into by him;

always cancel with the same notice period as Boudoit Boutique has stipulated for itself.

Renewal: 

An agreement entered into for a definite period, the purpose of which is the regular delivery of products or services, may not be tacitly extended or renewed for a definite period.

Notwithstanding the previous paragraph, a fixed-term contract may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate this renewed contract by the end of the renewal with a notice period of no more than one month.

A fixed-term contract that has been entered into for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate at any time with a notice period not exceeding one month.

Duration: 

If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

  

Article 15 - Payment 

Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer should be paid within 14 (fourteen) days after the start of the reflection period, or in the absence of a reflection period within 14 (fourteen) days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer receives the confirmation of the agreement.

When selling products to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. When advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.

The consumer has the duty to report inaccuracies in payment details provided or mentioned immediately to Boudoit Boutique.

If the consumer does not timely fulfill his payment obligation(s), the consumer, after he has been notified by Boudoit Boutique of the late payment and Boudoit Boutique has granted the consumer a period of 14 (fourteen) days to still fulfill his payment obligations , after the non-payment within this 14-day period, owes the statutory interest on the amount still due and Boudoit Boutique is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000, with a minimum of € 40. Boudoit Boutique may deviate from said amounts and percentages for the benefit of the consumer.

Article 16 - Complaints procedure 

Boudoit Boutique has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to Boudoit Boutique fully and clearly described within a reasonable time after the consumer has discovered the defects.

Complaints submitted to Boudoit Boutique will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeably longer processing time, Boudoit Boutique will respond within the 14 (fourteen) day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

Article 17 - Disputes 

Only Dutch law applies to agreements between Boudoit Boutique and the consumer to which these general terms and conditions relate. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court in the district where Boudoit Boutique has its office.

Article 18 - Additional or different provisions 

Additional provisions or provisions deviating from these general conditions may 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.