Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

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 exercise of a profession or business and enters into a distance agreement with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.

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

Article 2 – Applicability
These terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded and orders placed between the entrepreneur and the consumer.

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

If the distance agreement is concluded electronically, then contrary to the previous paragraph and before the distance agreement is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that it can easily be stored by the consumer on a durable data carrier. If this is reasonably not possible, it will be indicated before the agreement is concluded where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request of the consumer.

In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting terms and conditions.

If one or more provisions in these terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will immediately be replaced in mutual consultation by a provision that approaches the intent of the original as closely as possible.

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

Ambiguities regarding the interpretation or content of one or more provisions of our terms must be interpreted “in the spirit” of these terms and conditions.

Article 3 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

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

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

All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying 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.

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

  • any shipping costs;

  • the manner in which the agreement will be concluded and which 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 communication at a distance if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication method used;

  • whether the agreement will be archived after its 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 information provided by them in the context of the agreement before concluding the agreement;

  • any other languages in which, in addition to Dutch, the agreement can be concluded;

  • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and

  • the minimum duration of the distance agreement in the case of a long-term transaction.

Optional: available sizes, colors, type of materials.

Article 4 – 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 compliance with the conditions set therein.

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 agreement.

If the agreement 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 observe appropriate security measures.

The entrepreneur may – within legal frameworks – inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance agreement. If the entrepreneur 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 entrepreneur will send the consumer the following information 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 establishment of the entrepreneur where the consumer can submit complaints;

  • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  • the information about guarantees and existing service after purchase;

  • the information included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

  • the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

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

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

Article 5 – Right of Withdrawal
When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for 30 days. This cooling-off period starts 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.

During the cooling-off period the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises 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.

When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receipt of the product. The notification must be made by the consumer by means of a written message/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.

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

Article 6 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products will be borne by the consumer.

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, provided that the product has already been received back by the web shop or conclusive proof of complete return shipment can be provided.

Article 7 – Exclusion of the Right of Withdrawal
The entrepreneur may 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 clearly stated this in the offer, at least in time before the conclusion of the agreement.

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

  • that have been created by the entrepreneur according to specifications of the consumer;

  • that are clearly personal in nature;

  • that cannot be returned due to their nature;

  • that 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 where the consumer has broken the seal;

  • for hygienic products where the consumer has broken the seal.

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

  • relating to accommodation, transport, restaurant services or leisure activities to be carried out on a certain date or during a certain period;

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

  • relating to bets and lotteries.

Article 8 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

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

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

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

  • they result from legal regulations or provisions; or

  • the consumer has the authority to terminate the agreement from the day the price increase takes effect.

The place of delivery is determined under Article 5, paragraph 1, of the Dutch Turnover Tax Act 1968 as the country where the transport begins. In the present case, this delivery takes place outside the EU. As a result, the postal or courier service will collect import VAT and/or customs clearance costs from the recipient. Therefore, the entrepreneur will not charge VAT.

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

Article 9 – Identity of the Entrepreneur
Company name: Vazari Boutique
Business address: Gerard Noodtstraat 119
info@vazari-boutique.com.
Chamber of Commerce number: 96108304
VAT identification number: NL005197224B09

Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability 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 uses other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. The products must be returned in their original packaging and in new condition.

The warranty period of the entrepreneur 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.

The warranty does not apply if:

  • the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

  • the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or the packaging;

  • the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution
The entrepreneur will observe the greatest possible care when receiving and executing orders for products.

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

With due observance of what is stated about this in Article 4 of these terms and conditions, the company will execute accepted orders with due speed 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 partially be executed, the consumer will receive notification of this no later than 30 days after placing the order. In that case the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.

In case 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.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles the right of withdrawal cannot be excluded. The costs of a possible return shipment are borne by the entrepreneur.

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 explicitly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination and Extension
Termination

The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed duration with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

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

  • at least terminate them in the same manner as they were entered into by the consumer;

  • always terminate them with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be silently extended or renewed for a fixed duration.

Contrary to the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily newspapers, news papers and weekly magazines may be silently extended for a fixed duration of a maximum of three months, if the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be silently extended for an indefinite duration 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 agreement extends to the regular, but less than once per month, delivery of daily newspapers, news papers and weekly magazines.

An agreement with limited duration for the regular delivery of daily newspapers, news papers and weekly magazines by way of introduction (trial or introductory subscription) will not be silently continued and will automatically end after the trial or introductory period.

Duration

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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment
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.

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

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.

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

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

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

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

Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these terms and conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP
Due to the measures that will be introduced and strengthened 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.