Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

  • Cooling-off period: the period within which the consumer may exercise their right of withdrawal;

  • Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Extended term transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;

  • Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to them in a way that is accessible for future reference and unaltered reproduction of the stored information;

  • Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;

  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

  • Distance contract: a contract concluded between the entrepreneur and the consumer under an organized distance sales system for products and/or services, whereby exclusive use is made of one or more technologies for distance communication up to and including the conclusion of the contract;

  • Technology for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time;

  • Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

  1. These terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.

  2. Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these 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 contract is concluded where the terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

  4. In the event that specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting terms and conditions.

  5. If one or more provisions of these terms and conditions are at any time wholly or partially invalid or annulled, the remainder of the agreement and these terms and conditions shall remain in force, and the provision in question will be replaced immediately by mutual agreement with a provision that approaches the scope and intent of the original provision as closely as possible.

  6. Situations not covered by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.

  7. Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these terms and conditions.

Article 3 – The Offer

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

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

  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or manifest 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. Product images are a true representation of the products offered. 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 attached to the acceptance of the offer. This concerns in particular:

    • The price, excluding customs clearance fees and import VAT. These additional costs shall be at the customer's expense and risk. The postal and/or courier service will utilize the special scheme for postal and courier services regarding importation. This scheme applies when goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (whether or not together with the charged customs clearance fees) from the recipient of the goods;

    • Any shipping costs;

    • The manner in which the agreement will be concluded and what actions are required for this;

    • Whether or not the right of withdrawal applies;

    • The method of payment, delivery, and execution of the agreement;

       

    • The period for accepting the offer, or the period within which the entrepreneur guarantees the price;

       

    • The rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular baseline rate for the communication medium used;

       

    • Whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;

    • The way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them under the contract;

    • Any other languages in which, besides Dutch, the contract can be concluded;

    • The codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and

    • The minimum duration of the distance contract in the event of an extended term transaction.

    • Optional: available sizes, colors, types of materials.

Article 4 – The Contract

  1. Subject to the provisions of paragraph 4, the contract is concluded 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 of the offer electronically. As long as the receipt of this acceptance 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

  4. Within legal frameworks, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has sound reasons not to enter into the contract, they are entitled to refuse an order or request, or to attach special conditions to its execution, stating reasons.

  5. The entrepreneur will send the following information along with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

    • The visiting address of the entrepreneur's business location where the consumer can file 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 details included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these details to the consumer before the execution of the contract;

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

  6. In the case of an extended term transaction, the provision in the previous paragraph applies only to the first delivery.

  7. Every agreement is entered into under the suspensive condition of sufficient availability of the respective products.

Article 5 – Right of Withdrawal

  1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 30 days. This cooling-off period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

  2. During the cooling-off period, the consumer shall handle the product and its 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 its 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 make use of their right of withdrawal, they are obliged to make this known to the entrepreneur within 30 days of receiving the product. The consumer must do this by means of a written notice/email. After the consumer has expressed their 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 in a timely manner, for example by providing proof of shipping.

  4. If the customer has not expressed their wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 6 – Costs in Case of Withdrawal

  1. If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.

  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 subject to the condition that the product has already been received back by the webshop owner or conclusive proof of complete return can be provided.

Article 7 – 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, or at least in a timely manner before concluding the contract.

  2. Exclusion of the right of withdrawal is only possible for products:

    • That have been created by the entrepreneur in accordance with specifications of the consumer;

    • That are clearly personal in nature;

    • That cannot be returned due to their nature;

    • That can spoil or age quickly;

    • Whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;

    • For individual newspapers and magazines;

    • For audio and video recordings and computer software of which the consumer has broken the seal;

    • For hygienic products of which the consumer has broken the seal.

       

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

     

    • Concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;

       

    • Whose delivery has commenced with the explicit consent of the consumer before the cooling-off period has expired;

    • Concerning betting and lotteries.

Article 8 – The Price

  1. 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 resulting from changes in VAT rates.

  2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices listed are target prices will be stated in the offer.

  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

    • They are the result of statutory regulations or provisions; or

    • The consumer has the authority to terminate the contract effective from the day on which the price increase takes effect.

  5. Pursuant to Article 5, first paragraph, of the Dutch Turnover Tax Act 1968 (Wet op de omzetbelasting 1968), the place of delivery takes place in the country where the transport commences. In this case, this delivery takes place outside the EU. Consequently, import VAT and/or customs clearance fees will be collected from the customer by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.

  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 9 – Identity of the Entrepreneur

  • Business Name: Emilia Grace Boutique

  • Business Address: Yerseke, Zeeland, The Netherlands

  • Email: info@emiliagraceboutique.com

  • Chamber of Commerce (KvK) number: 92905862

  • VAT identification number: NL004990851B10

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

  2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Any return of the products must be done in the original packaging and in new condition.

  4. The entrepreneur's warranty period corresponds to the manufacturer's 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 have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;

       

    • The defect is wholly or partially the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products.

  2. The address that the consumer has made known to the company shall apply as the place of delivery.

  3. With due observance of what is stated in Article 4 of these terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially executed, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract at no cost and is entitled to any compensation.

  4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

  5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

     

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

Article 12 – Extended Term Transactions: Duration, Termination, and Extension

Termination

  1. The consumer may terminate a contract concluded for an indefinite period which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

  2. The consumer may terminate a contract concluded for a definite period which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.

  3. The consumer may terminate the contracts mentioned in the previous paragraphs:

    • At any time and not be limited to termination at a specific time or in a specific period;

    • At least in the same manner as they were entered into by them;

    • Always with the same notice period as the entrepreneur has stipulated for themselves.

Extension 4. A contract concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period. 5. Notwithstanding the previous paragraph, a contract concluded for a definite period which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month. 6. A contract concluded for a definite period which extends to 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 no more than one month, and a notice period of no more than three months if the contract extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. 7. A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

 

Duration 8. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than 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 cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

  2. The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.

  3. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

  1. Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

  2. Complaints submitted to the entrepreneur will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 30-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

  3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

  4. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

  5. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.

Article 16 - CESOP

Due to the measures introduced and reinforced from 2024 in connection with the "Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)" and thereby the implementation of the Central Electronic System of Payment information (CESOP), payment service providers may register data in the European CESOP system.