TERMS AND CONDITIONS

TERMS AND CONDITIONS


Definitions


  • Boutique Fayza: Established in Emmen.
  • Client: The individual with whom Boutique Fayza has entered into a contract.
  • Consumer: A client who is also a natural person acting in a private capacity.



Applicability of the General Terms and Conditions


  • These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Boutique Fayza.
  • Deviations from these terms are only valid if expressly agreed upon in writing by both parties.
  • The applicability of any additional or differing general terms and conditions from the client or third parties is expressly excluded.



Prices


  • All prices are in euros, inclusive of VAT, and exclusive of any other costs such as administrative fees, levies, and travel, shipping, or transport expenses, unless stated otherwise.
  • Boutique Fayza reserves the right to change prices for products or services on its website or as otherwise communicated.
  • Increases in the cost prices of products or parts thereof, which Boutique Fayza could not foresee at the time of the offer or contract, may lead to price increases.
  • The consumer has the right to dissolve the contract due to a price increase as mentioned above, unless the increase results from legal regulations.



Samples/Models


  • If the client has received a sample or model of a product, no rights can be derived from it other than that it is an indication of the nature of the product, unless expressly agreed that the products to be delivered will correspond with the sample or model.



Consequences of Late Payment


  • If the client defaults, they owe extrajudicial collection costs and any compensation to Boutique Fayza.
  • Collection costs are calculated based on the Decree on Compensation for Extrajudicial Collection Costs.
  • If the client fails to pay on time, Boutique Fayza may suspend its obligations until the client fulfills their payment obligation.
  • In the event of liquidation, bankruptcy, attachment, or suspension of payment by the client, Boutique Fayza’s claims become immediately due and payable.
  • If the client refuses to cooperate with the execution of the agreement by Boutique Fayza, they are still obliged to pay the agreed price.



Right of Reclamation


  • Upon the client’s default, Boutique Fayza has the right to invoke the right of reclamation concerning unpaid delivered products.
  • Boutique Fayza invokes this right through written or electronic communication.
  • Once informed, the client must immediately return the products to Boutique Fayza, unless otherwise agreed.
  • Return costs are borne by the client.



Right of Withdrawal


A consumer may cancel an online purchase within a 14-day reflection period without providing any reason, provided that:


  • The product has not been used.
  • It is not a custom-made or specially modified product.
  • It is not a product that cannot be returned for hygiene reasons (e.g., jewelry, belts).
  • The consumer has not waived their right of withdrawal.



The 14-day reflection period commences:


  • The day after the consumer receives the last product or part of one order.



The consumer can exercise the right of withdrawal via info@boutiquefayza.com, optionally using the withdrawal form available on Boutique Fayza’s website: https://boutiquefayza.com.


The consumer must return the product to Boutique Fayza within 14 days of notifying the withdrawal; otherwise, the right of withdrawal lapses.


Return shipping costs are the client’s responsibility.


If the purchase costs are eligible for a refund under the law, Boutique Fayza will reimburse these costs within 14 days of receiving the return, provided the product was returned on time.


Costs charged by payment methods like Klarna and PayPal are non-refundable, regardless of whether a product is retained.


Gift cards and vouchers are valid for one year.


Gift boxes are non-returnable.


The packaging service is non-refundable.


Delivery


  • Exceeding the specified delivery time does not entitle the client to compensation or the right to dissolve the contract unless Boutique Fayza cannot deliver within 14 days after being notified in writing or if otherwise agreed.



Actual Delivery


  • The client must ensure that the actual delivery of the ordered products can occur on time.



Transport Costs


  • Transport costs are borne by the client unless otherwise agreed.



Packaging and Shipping


  • If the packaging of a delivered product is open or damaged, the client must have the carrier or delivery person note this before receiving the product; otherwise, Boutique Fayza is not liable for any damage.
  • If the client arranges transportation, they must report any visible damage to the products or packaging to Boutique Fayza before transport; otherwise, Boutique Fayza is not liable for any damage.



Storage


  • If the client accepts the ordered products after the agreed delivery date, the risk of any quality loss lies entirely with the client.
  • Any additional costs resulting from early or late purchase of the products are entirely at the client’s expense.



Warranty


  • The warranty on products applies only to defects caused by faulty manufacturing, construction, or materials.
  • The warranty does not cover normal wear and tear or damage resulting from accidents, modifications, negligence, or improper use by the client, nor when the defect’s cause cannot be clearly determined.
  • The risk of loss, damage, or theft of products under a contract between the parties transfers to the client when the products are legally and/or actually delivered, or at least come under the client’s control or that of a third party receiving the product on behalf of the client.



Exchange


Exchange is only possible for items purchased online and if the following conditions are met:


  • The exchange occurs within 14 days of purchase, with the original invoice presented.
  • The product is returned or brought to the store in its original packaging or with the original (price) tags still attached.
  • The product has not been used.
  • Custom-made items cannot be exchanged.



Disclaimer


  • The client indemnifies Boutique Fayza against all third-party claims related to the products and/or services supplied by Boutique Fayza.



Complaints


  • The client must examine a product or service provided by Boutique Fayza as soon as possible for any shortcomings.
  • If a delivered product or service does not meet what the client could reasonably expect from the agreement, the client must inform Boutique Fayza as soon as possible, but in any case within one week after discovering the shortcomings.
  • The client provides a description of the deficiency as detailed as possible to allow Boutique Fayza to respond adequately.
  • The client must demonstrate that the complaint relates to an agreement between the parties.
  • If a complaint concerns ongoing work, this cannot, in any case, lead to Boutique Fayza being obliged to perform work other than agreed.



Notice of Default


  • The client must notify Boutique Fayza of any notice of default in writing.
  • It is the client’s responsibility to ensure that a notice of default actually reaches Boutique Fayza (on time).



Joint and Several Liability of the Client


  • If Boutique Fayza enters into an agreement with multiple clients, each is jointly and severally liable for the full amounts owed to Boutique Fayza under that agreement.



Liability of Boutique Fayza


  • Boutique Fayza is only liable for damages suffered by the client if and to the extent such damage is caused by intent or deliberate recklessness.
  • If Boutique Fayza is liable for any damage, it is only liable for direct damages resulting from or related to the execution of an agreement.
  • Boutique Fayza is never liable for indirect damages, such as consequential loss, lost profits, lost savings, or damage to third parties.
  • If Boutique Fayza is liable, this liability is limited to the amount paid by a (professional) liability insurance policy and, in the absence of full payment by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.
  • All images, photos, colors, drawings, and descriptions on the website or in a catalog are only indicative and approximate and cannot lead to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.



Limitation Period


  • Any right of the client to compensation from Boutique Fayza expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.



Right of Dissolution


  • The client has the right to dissolve the agreement if Boutique Fayza imputably fails to fulfill its obligations unless this failure does not justify dissolution due to its special nature or minor significance.
  • If the fulfillment of the obligations by Boutique Fayza is permanently or temporarily impossible, dissolution can only occur after Boutique Fayza is in default.
  • Boutique Fayza has the right to dissolve the agreement with the client if the client does not fully or timely fulfill their obligations under the agreement, or if Boutique Fayza becomes aware of circumstances giving it good reason to fear that the client will not properly fulfill their obligations.



Force Majeure


  • In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Boutique Fayza to fulfill any obligation towards the client cannot be attributed to Boutique Fayza in a situation independent of the will of Boutique Fayza, as a result of which the fulfillment of its obligations towards the client is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from Boutique Fayza.
  • The force majeure situation referred to in paragraph 1 also includes—but is not limited to—state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery personnel, or other third parties; unexpected power, electricity, internet, computer, and telecommunications outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work stoppages.
  • If a force majeure situation arises as a result of which Boutique Fayza cannot fulfill one or more obligations towards the client, those obligations will be suspended until Boutique Fayza can fulfill them again.
  • From the moment a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
  • Boutique Fayza is not obliged to compensate any damage, even if it enjoys any advantage as a result of the force majeure situation.



Amendment of Terms and Conditions


  • Boutique Fayza has the right to amend or supplement these general terms and conditions.
  • Minor changes can be made at any time.
  • Boutique Fayza will discuss major substantive changes with the client in advance as much as possible.
  • Consumers have the right to terminate the agreement in the event of a substantial change to the general terms and conditions.



Assignment of Rights


  • The client’s rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Boutique Fayza.
  • This provision applies as a clause with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.



Consequences of Nullity or Annulment


  • If one or more provisions of these general terms and conditions prove to be void