ARTICLE 1 - DEFINITIONS

• Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
• Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance agreement with the business.
• Day: calendar day.
• Continuing contract: a distance agreement relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
• Durable medium: any means that allows the consumer or business to store information addressed personally to them in a way that makes future consultation and unchanged reproduction of the stored information possible.
• Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period.
• Business: the natural or legal person who offers products and/or services at a distance to consumers.
• Distance agreement: an agreement where, within the framework of a system organized by the business for distance selling of products and/or services, the agreement is concluded exclusively using one or more distance communication techniques up to and including the conclusion of the agreement.
• Distance communication technique: a means that can be used to conclude an agreement without the consumer and business being in the same room simultaneously.
• General Terms and Conditions: these General Terms and Conditions of the business.

 

ARTICLE 2 - IDENTITY OF THE BUSINESS

BALLITO-BOUTIQUE

Email address: info@ballito-boutique.com

 

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to any offer made by the business and to any distance agreement and orders between the business and the consumer.

Before the distance agreement 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 agreement is concluded that the general terms and conditions can be inspected at the business’s premises and that they will be sent to the consumer free of charge upon request.

If the distance agreement is concluded electronically, deviating from the previous paragraph, the text of these general terms and 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 medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request, either electronically or in another way.

In cases where specific product or service conditions are also applicable alongside these general terms and conditions, the second and third paragraphs will apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always rely on the provision that is most favorable to them.

If one or more provisions of these general terms and conditions are wholly or partially null and void or are annulled, the agreement and these conditions will remain in effect for the remainder, and the relevant provision will be promptly replaced by a provision that closely approximates the original intent.

Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.

Uncertainties regarding the explanation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these general terms and conditions.

 

ARTICLE 4 - THE OFFER

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

The offer is non-binding. The business is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a good assessment of the offer. If the business uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the business.

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The business cannot guarantee that the displayed colors exactly match the actual colors of the products.

In the event of damage to the packaging, we will compensate a maximum of 10% of the purchase price of the product.

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

• At checkout, the consumer can use one discount code. Discount codes cannot be combined.
• The price, excluding customs charges and import VAT. These additional costs will be at the customer’s expense and risk. The postal and/or courier service will use the special scheme for postal and courier services regarding the import, which applies when goods are imported into the EU destination country, as in this case. The postal and/or courier service will collect the VAT (possibly together with the customs charges) from the recipient of the goods.
• Any shipping costs.
• The way the agreement will be concluded and the actions required for this.
• Whether the right of withdrawal applies; the method of payment, delivery, and execution of the agreement.
• The term for acceptance of the offer or the term within which the business guarantees the price.
• The height of the rate for distance communication if the costs of using the distance communication technique are charged on a different basis than the regular basic rate for the communication method used.
• Whether the agreement 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 them in the context of the agreement before concluding the agreement.
• Any other languages in which, besides Dutch, the agreement can be concluded.
• The codes of conduct to which the business is subject and how the consumer can consult these codes of conduct electronically.
• The minimum duration of the distance agreement in the case of a continuing contract.
• Optional: available sizes, colors, types of materials.

 

ARTICLE 5 - THE AGREEMENT

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and meeting the conditions set.

If the consumer has accepted the offer electronically, the business will promptly confirm receipt of the acceptance of the offer electronically. As long as this confirmation of acceptance has not been received by the business, the consumer can dissolve the agreement.

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

Within legal limits, the business may inform themselves about whether the consumer can meet their payment obligations, as well as any facts and factors relevant to a responsible conclusion of the distance agreement. If the business has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The business will send the following information with the product or service to the consumer in writing or in a way that allows the consumer to store it in an accessible manner on a durable medium:

• Address of the business’s establishment where the consumer can lodge complaints.
• The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
• Information on guarantees and existing after-sales service.
• The information included in Article 4(3) of these conditions, unless the business has already provided this information 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.

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

Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

 

ARTICLE 6 - RIGHT OF WITHDRAWAL

When purchasing (non-personalized) products, the consumer has the option to terminate the agreement without providing reasons within 90 days. This cooling-off period starts on the day after the consumer or a representative appointed by the consumer receives the product.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine 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 its original condition and packaging to the business, in accordance with the reasonable and clear instructions provided by the business.

When the consumer wishes to exercise their right of withdrawal, they must notify the business within 90 days of receipt of the product. The notification must be made using the contact form on the website or by email. After the consumer has notified the business of the wish to exercise the right of withdrawal, the consumer must return the product within 90 days. The consumer must provide proof that the goods have been returned in time, for example by means of a proof of shipment.

If the consumer has not notified their intention to withdraw within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the business, the purchase is final.

 

ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, the costs of returning the products are at the consumer’s expense.

If the consumer has paid an amount, the business will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received by the web store or conclusive proof of complete return can be provided.

If the consumer is not at home, the package will be offered at the local post office. The customer can pick up the package from the local post office or arrange for re-delivery. The consumer bears the cost of the return shipment.

 

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The business can exclude the right of withdrawal for products and services as described in the European Directive on Consumer Rights, but only if the business has clearly stated this in the offer or at least in good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for the following products and services:

• Products that have been created or ordered according to the consumer’s specifications.
• Products that have a clearly personal nature.
• Products that cannot be returned due to their nature, such as perishable goods.
• Products that deteriorate quickly or have a limited shelf life.

 

ARTICLE 9 - 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.

The prices stated in the offer of products or services include VAT but exclude customs charges and import VAT, which will be borne by the customer.

Customs and import VAT are not included in the price and will be the responsibility of the customer.

In the event of a promotional discount, no more than one discount code can be used at a time.

 

ARTICLE 10 - CONFORMITY AND WARRANTY

The business guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of usability and/or reliability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

If the consumer is of the opinion that the product does not comply with the agreement, they must notify the business in writing or by email as soon as possible, but in any case within 2 months after receipt of the product. The consumer must provide proof of purchase and evidence that the product was defective.

The business will replace the defective product or offer a suitable solution if a defect is reported within the warranty period.

 

ARTICLE 11 - DELIVERY AND EXECUTION

The business will take the greatest possible care when receiving and processing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has communicated to the business.

The business will execute accepted orders with due speed but no later than 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this within 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement without charge.

After dissolution, the business will immediately refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with the business until the moment of delivery to the consumer or a representative previously appointed by the consumer and communicated to the business unless explicitly agreed otherwise.

 

ARTICLE 12 - PAYMENT

Unless otherwise agreed, the amounts owed by the consumer must be paid immediately upon conclusion of the agreement.

The consumer must pay the invoice amount within 14 days of the invoice date unless otherwise agreed.

In the event of non-payment or late payment, the consumer is legally in default, and the business may charge statutory interest and collection costs.

 

ARTICLE 13 - COMPLAINTS PROCEDURE

The business provides a complaints procedure that has been sufficiently publicized and handles complaints in accordance with this procedure.

Complaints about the execution of the agreement must be submitted to the business within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

The complaints will be answered within 14 days from the date of receipt. If a complaint requires more time for handling, the business will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure.

 

ARTICLE 14 - DISPUTES

Dutch law applies to agreements between the business and the consumer.

Disputes arising from or related to the distance agreement will be submitted to the competent court in the Netherlands.

 

ARTICLE 15 - ADDITIONAL OR DIFFERENT PROVISIONS

Additional or different provisions from these General Terms and Conditions may not disadvantage the consumer and must be recorded in writing or in a way that allows the consumer to store it on a durable medium.