TERMS AND CONDITIONS 

 

Definitions

  1. Handcraft Boutique: Handcraft Boutique, established in Rotterdam, Chamber of Commerce no. 80121047.

  2. Customer: the person with whom Handcraft Boutique has agreed.

  3. Parties: Handcraft Boutique and customer together.

  4. Consumer: a customer who is an individual acting for private purposes.

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Handcraft Boutique. 

  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or third parties.

Prices

  1. All prices used by Handcraft Boutique are in euros, are inclusive of VAT and inclusive of any other costs such as administration costs, levies, and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

  2. Handcraft Boutique is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.

  3. Increases in the cost prices of products or parts thereof, which Handcraft Boutique could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.

  4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in point 3 unless the increase is the result of statutory regulation.

Samples / models 

 

If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

 

Payments and payment term

  1. Handcraft Boutique may, after the agreement, require a down payment of up to 100% of the agreed amount.

  2. The customer must have paid the full amount on the checkout page of the product.

  3. Handcraft Boutique reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of late payment

  1. If the customer does not pay within the agreed term, Handcraft Boutique is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.

  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Handcraft Boutique.

  3. The collection costs are calculated based on the Reimbursement for extrajudicial collection costs.

  4. If the customer does not pay on time, Handcraft Boutique may suspend its obligations until the customer has met his payment obligation.

  5. In the event of liquidation, bankruptcy, attachment, or suspension of payment on behalf of the customer, the claims of Handcraft Boutique on the customer are immediately due and payable.

  6. If the customer refuses to cooperate with the performance of the agreement by Handcraft Boutique, he is still obliged to pay the agreed price to Handcraft Boutique.

Right of recovery of goods 

  1. As soon as the customer is in default, Handcraft Boutique is entitled to invoke the right of recovery about the unpaid products delivered to the customer.

  2. Handcraft Boutique invokes the right of recovery through a written or electronic announcement.

  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Handcraft Boutique, unless the parties agree to make other arrangements about this.

  4. The costs for the collection or return of the products are at the expense of the customer.

Right of cancellation 

  1. A consumer may return an online purchase within a period of 7 days unless stated otherwise. A consumer can return provided that

  • the product has not been used

  • the product is not damaged

  • the product is not specially tailored for the consumer or adapted to its special needs

  • the purchase does not concern an (assignment to) urgent repair

  • the consumer has not renounced his right of cancellation

 

      The reflection period of 7 days as referred to in paragraph 1 commences:

    • on the day after the consumer has received the last product or part of 1 order

    • as soon as the consumer has received the first the product of a subscription

    • as soon as the consumer has purchased a service for the first time

    • as soon as the consumer has confirmed the purchase of digital content via the internet

  1. The consumer can notify his right of cancellation via an email to handcraftboutique.eu@gmail.com within 3 days of delivery.

  2. The consumer is obliged to return the product to Handcraft Boutique within 7 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.

  3. The costs for the return are born by the consumer unless stated or agreed otherwise.

  4. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Handcraft Boutique will refund these costs to the consumer within 30 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Handcraft Boutique in time.

Suspension of obligations by the customer

 

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

 

Right of retention 

  1. Handcraft Boutique can appeal to his right of retention of title and in that case retain the products sold by Handcraft Boutique to the customer until the customer has paid all outstanding invoices with regard to Handcraft Boutique, unless the customer has provided sufficient security for these payments.

  2. The right of retention of title also applies based on previous agreements from which the customer still owes payments to Handcraft Boutique.

  3. Handcraft Boutique is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement 

 

The customer waives his right to settle any debt to Handcraft Boutique with any claim on Handcraft Boutique.

 

Retention of title 

  1. Handcraft Boutique remains the owner of all delivered products until the customer has fully complied with all its payment obligations about Handcraft Boutique under whatever agreement with Handcraft Boutique including claims regarding the shortcomings in the performance.

  2. Until then, Handcraft Boutique can invoke its retention of title and take back the goods.

  3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

  4. If Handcraft Boutique invokes its retention of title, the agreement will be dissolved and Handcraft Boutique has the right to claim compensation, lost profits, and interest.

Delivery

 

  1. Delivery takes place while stocks last.

  2. Delivery takes place at Handcraft Boutique unless the parties have agreed upon otherwise.

  3. Delivery of products ordered online takes place at the address indicated by the customer. 

  4. If the agreed price is not paid on time, Handcraft Boutique has the right to suspend its obligations until the agreed price is fully paid.

  5. In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by Handcraft Boutique.

Delivery period

  1. Any delivery period specified by Handcraft Boutique is indicative and does not give the customer the right to dissolution or compensation if this period is not met with unless the parties have expressly agreed otherwise in writing.

  2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Handcraft Boutique.

  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Handcraft Boutique cannot deliver within [number of days late] or if the parties have agreed upon otherwise.

Actual delivery

 

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

 

Transport costs 

 

Transport costs are on behalf of the customer unless the parties have agreed upon otherwise.

 

Packaging and shipping 

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Handcraft Boutique may not be held liable for any damage.

  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging before the transport to Handcraft Boutique, failing which Handcraft Boutique cannot be held liable for any damage.

Insurance

Storage 

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.

  2. Any extra costs as a result of the premature or late purchase of products are entirely at the customer's expense.

Guarantee

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction, or material.

  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not be established.

  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.

Indemnity

 

The customer indemnifies Handcraft Boutique against all third-party claims that are related to the products and/or services supplied by Handcraft Boutique.

 

Complaints

  1. The customer must examine a product or service provided by Handcraft Boutique as soon as possible for possible shortcomings.

  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Handcraft Boutique of this as soon as possible, but in any case within 1 week after the discovery of the shortcomings.

  3. Consumers must inform Handcraft Boutique of this within one week after the detection of the shortcomings.

  4. The customer gives a detailed description as possible of the shortcomings so that Handcraft Boutique can respond adequately.

  5. The customer must demonstrate that the complaint relates to an agreement between the parties.

  6. If a complaint relates to ongoing work, this can in any case not lead to Handcraft Boutique being forced to perform other work than has been agreed. 

Giving notice

  1. The customer must provide any notice of default to Handcraft Boutique in writing.

  2. It is the responsibility of the customer that a notice of default reaches Handcraft Boutique (in time).

Joint and several Client liabilities

 

If Handcraft Boutique enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Handcraft Boutique under that agreement.

 

Liability of Handcraft Boutique

  1. Handcraft Boutique is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 

  2. If Handcraft Boutique is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.

  3. Handcraft Boutique is never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third parties.

  4. If Handcraft Boutique is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.

  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

 

Every right of the customer to compensation from Handcraft Boutique shall, in any case, expire within 1 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

 

Dissolution

  1. The customer has the right to dissolve the agreement if Handcraft Boutique imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.

  2. If the fulfillment of the obligations by Handcraft Boutique is not permanent or temporarily impossible, dissolution can only take place after Handcraft Boutique is in default.

  3. Handcraft Boutique has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Handcraft Boutique good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Handcraft Boutique in the fulfillment of any obligation to the customer cannot be attributed to Handcraft Boutique in any situation independent of the will of Handcraft Boutique, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Handcraft Boutique.

  2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work stoppages.

  3. If a situation of force majeure arises as a result of which Handcraft Boutique cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Handcraft Boutique can comply with it.

  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

  5. Handcraft Boutique does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

 

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

 

Changes in the general terms and conditions

  1. Handcraft Boutique is entitled to amend or supplement these general terms and conditions.

  2. Changes of minor importance can be made at any time.

  3. Major changes in the content will be discussed by Handcraft Boutique with the customer in advance as much as possible.

  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

  1. The customer can not transfer its rights deferring from an agreement with Handcraft Boutique to third parties without the prior written consent of Handcraft Boutique.

  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.

  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Handcraft Boutique had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties.

  2. The Dutch court in the district where Handcraft Boutique is established is exclusively competent in case of any disputes between parties unless the law prescribes otherwise.

Privacy Policy

What type of information do you collect?

We receive, collect, and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.

How do you collect information?

When you conduct a transaction on our website, as part of the process, we collect the personal information you give us such as your name, address, and email address. Your personal information will be used for the specific reasons stated above only.

Why do you collect such personal information?

We collect such Non-personal and Personal Information for the following purposes:

  1. To provide and operate the Services;

  2. To provide our Users with ongoing customer assistance and technical support;

  3. To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;

  4. To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services; 

  5. To comply with any applicable laws and regulations.

How do you store, use, share, and disclose your site visitors' personal information?

Our company is hosted on the Wix.com platform. Wix.com provides us with an online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases, and general Wix.com applications. They store your data on secure servers behind a firewall. 

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

How do you communicate with your site visitors?

We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes, we may contact you via email, telephone, text messages, and postal mail.

How can your site visitors withdraw their consent?

If you don’t want us to process your data anymore, please contact us at handcraftboutique.eu@gmail.com or send us a mail to Laan op Zuid690, 3071 AB, Rotterdam, Netherlands.

Privacy policy updates

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. 

 

Drawn up on 01 September 2020.