Article 1 – Company details
Maison A | Boutique is a trade name of A QUALITY PRODUCTIONS
Business address: Veembroederhof 346, 1019 HC, Amsterdam, the Netherlands
Phone number: +31 (0)20 428 9403
E-mail address: firstname.lastname@example.org
Chamber of commerce registration number: 34213213
VAT-number: NL 8137.98.851.B01
Article 2 - Definitions
In these terms and conditions shall apply:
1. Maison A | Boutique:. The company as described in Article 1, which sells products to consumers via a webshop.
2. Customer: the natural person that buys products from Maison A | Boutique through the website www.maisonaboutique.com.
3. Product: textile goods and shoes, among other items relevant to these sectors, as they are sold by Maison A | Boutique.
4. Purchase Agreement: The agreement is concluded at the moment when the consumer meets the corresponding conditions after ordering a product.
5. Right of withdrawal: the right of consumers to cancel the purchase agreement within the lawful period.
6. Day : Calendar day.
7. Return form: The withdrawal form that the consumer must fill if he wants to exercise his right of withdrawal or the exchange of a purchased product.
8. Conditions: these general Terms and Conditions of Maison A | Boutique.
Article 3 - Applicability
1. These terms and conditions apply to every offer of Maison A | Boutique and to any sales contract between the consumer and Maison A | Boutique.
2. Unless otherwise specified in writing to the consumer, general conditions of the customer are not accepted.
3. The text of these general terms and conditions are published on the website. When placing an order, the consumer declares to agree to with these terms and conditions and from that moment to be bound by these terms and conditions.
4. If one or more provisions of these terms and conditions are at any time wholly or partially invalid or deleted, then the agreement continues and these terms remain in effect, and the provision will be replaced immediately, by mutual agreement, by a provision that approaches the intent of the original as much as possible.
5. Situations that are not regulated in these conditions should be assessed "in the spirit" of these terms and conditions.
6. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions, must be explained "in the spirit" of these terms and conditions.
Article 4 - Order, purchase and shipment
1. The ordering module in the shop contains such information that it is clear to the consumer what rights and obligations are entered into, by ordering a product. This concerns in particular:
2. When the consumer approves an order and is therefore committed to the payment obligation, a pro forma agreement arises. The purchase agreement is formally established after the consumer has fulfilled its payment obligation and the full purchase price of the order is credited to bank account of Maison A | Boutique. The purchase is then confirmed to the customer via e-mail. Order procedures which, for whatever reason, are technical or otherwise interrupted before the payment is completed, are not considered as a completed order. Even if the customer accidentally receives an automatically generated order confirmation. A purchase is not final until the full purchase amount is credited on the bank account of Maison A | Boutique.
3. Maison A | Boutique will take the greatest possible care when receiving and processing orders for products.
4. Maison A | Boutique reserves the right to cancel or refuse delivery. If an order for which payment has already been received by Maison A | Boutique, for whatever reason, is denied, the customer will be informed within three (calendar) days by e-mail. If applicable, Maison A | Boutique pays the already received payment within seven (calendar) days back to the customer's account, after cancellation or refusal of an order.
5. Maison A | Boutique's website contains information about currently applied delivery time, starting upon receipt of payment. The delivery time stated on the website is an indication, from which no rights may be derived if an order is not delivered within the stated delivery time. Whenever delay in delivery is expected, this will be reported to the costumer by e-mail within five (calendar) days after receiving payment.
6. Orders will be shipped to the address specified by the customer as the delivery address when ordering. If the delivery address can not be determined, or is insufficiently clear, an order will not be accepted.
Article 5 - Payments
1. Payments to Maison A | Boutique can be made through iDEAL (from Dutch bank accounts only) or by bank transfer.
2. If the customer chooses to make a payment through iDEAL the payment process will start immediately after confirmation of the order. If payment is made by bank transfer, the customer will receive an invoice by e-mail after confirmation of the order. This invoice contains all payment instructions and conditions.
3. The costumer has the duty to report inaccuracies in supplied and specified payment data immediately to Maison A | Boutique.
Article 6 - Privacy
1. Maison A | Boutique treats all personal information it receives from the costumer as confidential. By placing an order the customer grants Maison A | Boutique the right to use his or her personal information where necessary. This data is stored to the extent necessary for the purposes for which the data were obtained and processed by Maison A | Boutique: the execution of the contract, for marketing purposes and for maintaining contact with the customer.
2. Maison A | Boutique does not disclose the personal information of customers to third parties other than the parties involved in the payment and shipment of the products.
3. The customer always has the right to access this information and modify. A request for inspection of the registered personal information may be submitted by e-mail: email@example.com
Article 7 - Returns and right of withdrawal
1. All images, specifications and information on the products on the website are indicative and do not give any right to compensation or refund of the purchase price upon return of products ordered, after the statutory period of withdrawal.
2. Images of products are a true representation of the products offered. However, Maison A | Boutique can not guarantee that the colors displayed on the website exactly match the actual colors of the products.
3. Maison A | Boutique employs the legal exchange and return period of 14 (calendar) days. If the customer wishes to use his right of withdrawal, or wishes to exchange the purchased product for another product, he shall make this known to Maison A | Boutique within 14 (calendar) days after receipt of the product. The product must be returned to Maison A | Boutique within 14 (calendar) days, with a completed return form, which must be downloaded from the website (found under "Shipping and Returns”). The the cost an risk of returning products to Maison A | Boutique will be borne by the customer. The customer must prove that the goods have been returned in time, through a proof of posting (for example, track and trace code or receipt of PostNL). Insufficient or not stamped returns are not accepted by Maison A | Boutique.
4. The following conditions apply to exchanges and returns:
5. Upon receipt and acceptance of a returned product Maison A | Boutique deposits received payments within 14 (calendar) days back to the customer's account. If a product is not in original condition and does not meet the exchange and return conditions, Maison A | Boutique reserves the right to refuse the product and not to proceed to a refund of the purchase price. The product is then refused and returned to the customer under cash on deliver (COD) for the shipment costs.
6. If the customer has not informed Maison A | Boutique within the period referred to in paragraph 1 that he wishes to exercise his right of withdrawal, respectively has returned the product to Maison A | Boutique according the conditions for exchanges and returns, the purchase is a fact.
Article 8 - The price
1. The price to be paid for his order by the customer is the price as it appeared at the time of order and was accepted by the customer through agreeing to the order. All product prices are shown including 21% VAT, plus shipping costs. Costs are clearly stated before the customer's final agreement with an order.
2. All prices are subject to printing, typesetting and programming errors. For the impact of printing, typesetting and programming errors no liability is accepted. When printing, typesetting and programming errors occur, Maison A | Boutique has no obligation to provide the product according to the inaccurate price.
Article 9 - Risk
1. From the moment the consumer or a third person on behalf of him/her receives the ordered products after delivery by the postal service, the products are in his/her actual possession. All risks such as damage, loss or theft of the product will then be transferred to the costumer.
Article 10 - Force Majeure
1. When Maison A | Boutique does not fulfill any obligations to the customer, such interference can not be attributed to Maison A | Boutique in case of force majeure, as defined in Article 6:75 of the Dutch Civil Code. "Force Majeure" means here any violation for which the company can not be held liable. Liability will not been determined if the violation is not the fault of the company or when the breach can not be granted to the company according to a law, transaction or current business practices.
2. Force majeure shall include (but is certainly not limited to) fire, breakdowns, strikes and the acts or omissions of public authorities, including local authorities (such as import restrictions).
3. Even if suppliers of Maison A | Boutique and/or third parties that are involved in the production and delivery of the products do not deliver their performance or deliver of perform inadequately, this will be considered as force majeure.
Article 11 - Conformity and Guarantee
1. Maison A | Boutique guarantees that the products are conform to their description on the website and to the reasonable requirements of reliability. All images, specifications and information on the website serve as a faithful representation of the actual products. Maison A | Boutique can not guarantee deviation in color and fit. The customer should be aware that the fit of products differs per person, depending on costumer's size and length among other factors. Images, specifications and information on the website may not give rise to compensation or refund of the purchase price upon return of products ordered after the legal period of withdrawal of 14 (calendar) days.
2. Images of products are a true representation of the products offered. However, Maison A | Boutique can not guarantee that the colors that are displayed on the website exactly match the actual colors of the products.
3. Any defects in a product should be reported to Maison A | Boutique by e-mail, within 24 hours after delivery by email to Maison A | Boutique. Return of the products must be made in accordance with all the conditions laid down in Article 7 of these terms and conditions and in accordance with the instructions indicated on the return form that must be downloaded from the website. If Maison A | Boutique determines that a returned product actually does not satisfy the reasonable requirements of reliability (shows a defect that is not caused by the customer), the purchase price and shipping costs will be refunded to the customer within 14 (calendar) days. This warranty does not apply if:
4. Any obligation to pay compensation on any grounds whatsoever, shall at all times be limited to the price of the product.
5. Maison A |. Boutique is not 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.
Article 12 - Complaints
1. Customers should address any questions, complaints or comments about orders, payments and deliveries via email to Maison A | Boutique. A question, complaint or comment will only be handled if it is provided with the first and last name of the client, the e-mail address, order - and invoice number and as much relevant information about the question, complaint or comment.
2. Complaints submitted are answered within a period of 14 (calendar) days counted from the date of receipt by Maison A | Boutique. If a complaint has a foreseeable longer processing time, Maison A | Boutique will confirm the receipt of the complaint to the customer and give an indication of when the costumer may expect a more detailed answer, within 14 (calendar) days.
Article 13 - Intellectual property
1. Maison A | Boutique holds exclusively all intellectual property rights related to the brand, the products, images, documents, texts and other materials and ways in which the brand and the products are presented, marketed and delivered.
2. The customer warrants not to breach any intellectual property rights of Maison A | Boutique.
Article 14 - Applicable law
Contracts between the Maison A | Boutique and the customer where these terms are applicable to, refer only to Dutch law. Even if the customer is resident abroad.