Right of Suspension
Unless the customer is a consumer, they waive the right to suspend the fulfillment of any obligation arising from this agreement.
Right of Retention
DOLLS LUXE BOUTIQUE may invoke its right of retention and, in that case, retain the customer’s products until the customer has fully settled all outstanding payments to DOLLS LUXE BOUTIQUE, unless the customer has provided sufficient security for these costs.
The right of retention also applies to previous agreements where the customer still owes payments to DOLLS LUXE BOUTIQUE.
DOLLS LUXE BOUTIQUE is never liable for any damage the customer may suffer as a result of exercising its right of retention.
Setoff
Unless the customer is a consumer, they waive the right to offset a debt to DOLLS LUXE BOUTIQUE with a claim against DOLLS LUXE BOUTIQUE.
Retention of Ownership
DOLLS LUXE BOUTIQUE remains the owner of all delivered products until the customer has fully met all their payment obligations towards DOLLS LUXE BOUTIQUE under any agreement made with DOLLS LUXE BOUTIQUE, including claims for non-performance.
Until ownership is transferred to the customer, the customer may not pledge, sell, dispose of, or otherwise encumber the products.
If DOLLS LUXE BOUTIQUE invokes its retention of ownership, the agreement is considered terminated, and DOLLS LUXE BOUTIQUE has the right to claim damages, lost profits, and interest.
Delivery
- Delivery takes place while supplies last.
- Delivery occurs at DOLLS LUXE BOUTIQUE, unless otherwise agreed.
- Online orders are delivered to the address specified by the customer.
- If the agreed payments are not made or not made on time, DOLLS LUXE BOUTIQUE has the right to suspend its obligations until the agreed amount is paid.
- Late payment results in creditor default, meaning the customer cannot hold DOLLS LUXE BOUTIQUE responsible for any delayed delivery.
Delivery Time
- The delivery times provided by DOLLS LUXE BOUTIQUE are indicative and do not entitle the customer to cancellation or compensation unless explicitly agreed otherwise in writing.
- The delivery time starts once the customer has completed the (electronic) ordering process and received an (electronic) confirmation from DOLLS LUXE BOUTIQUE.
- Exceeding the specified delivery time does not entitle the customer to compensation or cancellation, unless DOLLS LUXE BOUTIQUE fails to deliver within 30 days after being formally notified in writing or unless otherwise agreed.
Actual Delivery
The customer must ensure that the actual delivery of the ordered products can take place on time.
Transport Costs
Transport costs are borne by the customer unless otherwise agreed.
Packaging and Shipping
- If the packaging of a delivered product is opened or damaged, the customer must have the carrier make a note of this before accepting the product. Otherwise, DOLLS LUXE BOUTIQUE cannot be held liable for any damage.
- If the customer arranges transport themselves, they must report any visible damage to the products or packaging to DOLLS LUXE BOUTIQUE before shipping. Otherwise, DOLLS LUXE BOUTIQUE cannot be held liable for any damage.
Storage
- If the customer collects the ordered products later than the agreed delivery date, the risk of any quality loss is entirely borne by the customer.
- Any additional costs resulting from early or late collection of products are entirely the customer's responsibility.
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.
- Damage resulting from accidents, modifications to the product, negligence, or improper use by the customer.
- Cases where the cause of the defect cannot be clearly determined.
The risk of loss, damage, or theft of products subject to an agreement transfers to the customer upon legal and/or actual delivery, or when they come into the possession of the customer or a third party receiving the product on their behalf.
Exchanges
Exchanges are only possible under the following conditions:
- The exchange occurs within 30 days of purchase, with the original invoice provided.
- The product is returned in its original packaging with all original (price) tags attached.
- The product has not been used.
- the product is damaged.
Discounted items, perishable goods (e.g., food), custom-made products, or specially modified products cannot be exchanged.
Indemnification
The customer indemnifies DOLLS LUXE BOUTIQUE against all third-party claims related to the products and/or services delivered by DOLLS LUXE BOUTIQUE
Complaints
- The customer must inspect a delivered product or service as soon as possible for any defects.
- If a product or service does not meet the reasonable expectations of the agreement, the customer must inform DOLLS LUXE BOUTIQUE as soon as possible, but no later than one month after discovering the defect.
- Consumers must notify DOLLS LUXE BOUTIQUE within two months of identifying the defect.
- The customer must provide a detailed description of the defect to allow DOLLS LUXE BOUTIQUE to respond adequately.
- The customer must prove that the complaint relates to an agreement withDOLLS LUXE BOUTIQUE.
Notice of Default
- The customer must submit notices of default to DOLLS LUXE BOUTIQUE in writing.
- The customer is responsible for ensuring that the notice reaches DOLLS LUXE BOUTIQUE on time.
Joint Liability of Customers
IfDOLLS LUXE BOUTIQUE enters into an agreement with multiple customers, each is jointly and severally liable for the full amounts owed under that agreement.
Liability of DOLLS LUXE BOUTIQUE
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DOLLS LUXE BOUTIQUE is only liable for damages caused by intent or gross negligence.
- If DOLLS LUXE BOUTIQUE is liable, it is only for direct damages related to the agreement.
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DOLLS LUXE BOUTIQUE is not liable for indirect damages, such as consequential damages, lost profits, missed savings, or third-party damage.
- If DOLLS LUXE BOUTIQUE is liable, liability is limited to the amount covered by its professional liability insurance. If no or incomplete insurance coverage applies, liability is limited to the relevant invoice amount.
Expiration Period
Any claim for compensation against Seven Icons expires 12 months after the event from which liability arises, except as provided in Article 6:89 of the Dutch Civil Code.
Right of Termination
- The customer has the right to terminate the agreement if DOLLS LUXE BOUTIQUE fails to fulfill its obligations, unless the failure is minor and does not justify termination.
- If performance is temporarily or permanently impossible, termination can occur only after DOLLS LUXE BOUTIQUE is in default.
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DOLLS LUXE BOUTIQUE has the right to terminate the agreement if the customer fails to meet their obligations or if there is reason to believe the customer will not comply.
Force Majeure
- In addition to Article 6:75 of the Dutch Civil Code, force majeure includes unforeseen events beyond DOLLS LUXE BOUTIQUE’ control, preventing it from fulfilling obligations.
- Examples include: natural disasters, riots, supplier failures, transportation issues, government measures, and technical disruptions.
- If force majeure lasts for 30 days, both parties may terminate the agreement in writing.
- In case of force majeure, DOLLS LUXE BOUTIQUE is not liable for damages, even if it benefits from the situation.
Amendments to General Terms
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DOLLS LUXE BOUTIQUE reserves the right to amend these terms.
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Minor changes may be made at any time.
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Major changes will be discussed with the customer where possible.
- Consumers have the right to terminate the agreement if significant changes are made to the terms.