Terms of Service

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

Withdrawal period: the period during which the consumer can exercise their right of withdrawal.
Consumer: a natural person not acting in the course of a professional or commercial activity, who enters into a distance contract with the professional.
Continuous performance contract: a distance contract relating to a series of products or services, with obligations spread over time.
Right of withdrawal: the consumer's right to withdraw from the distance contract within the withdrawal period.
Professional: the natural or legal person who offers products or services remotely to consumers.
Distance contract: a contract concluded between the professional and the consumer within the framework of a system for distance selling.
CESOP: the centralized electronic system of payment information established by the EU to monitor payment service providers.

Article 2 – Identity of the Professional

Nicoles Coastal Boutique Seaside
info@nicolescoastalboutique.com

Article 3 – Scope of Application

These general terms and conditions apply to every offer from the professional and to every distance contract concluded between the professional and the consumer. Before the agreement is finalized, these terms and conditions will be made available to the consumer, either electronically or in another durable form.

Article 4 – The Offer

All offers are non-binding. The professional reserves the right to modify or withdraw offers at any time.
The offer clearly specifies the total costs, including any shipping fees, customs duties, taxes, and additional charges levied by postal or courier services.

Article 5 – The Contract

The contract is concluded at the moment the consumer accepts the offer and complies with the conditions stated. The professional will promptly confirm acceptance of the contract by email.

Article 6 – Right of Withdrawal

The consumer has a right of withdrawal of 14 days from the day of receipt of the product, without being required to provide any reason.
The costs of return shipping when exercising the right of withdrawal are borne by the consumer.

Article 7 – Costs in Case of Withdrawal

The professional will refund all payments received from the consumer within 14 days from the date the consumer has notified the professional of the withdrawal, provided that the returned product is received back in its original condition and packaging.

Article 8 – Customs, Import Duties, and VAT Liability

8.1
All goods offered and sold via this website are shipped under the Incoterm “Delivered Duty Unpaid (DDU)” as defined in Incoterms 2000. This means the customer is solely and fully responsible for all costs and obligations related to the import of the goods into the destination country.

8.2
These obligations include, but are not limited to:

(a) payment of import duties, VAT or Goods and Services Tax (GST), and any other applicable taxes or levies upon entry;
(b) clearance charges, including brokerage, inspection, or handling fees imposed by customs authorities, postal services, or courier services;
(c) compliance with local laws, product regulations, restrictions, and certifications required in the destination country.

8.3
The seller (hereinafter referred to as “the professional”) does not act as the official importer for any order. Legal ownership and responsibility for the goods transfer to the customer upon shipment. The professional is not responsible for delays, seizures, refusals, or fines resulting from the customer’s failure to comply with import laws or pay the required fees.

8.4
The professional provides the necessary commercial documents for international shipping (including, if needed, a pro forma or commercial invoice, product description, and declared value). However, the professional does not guarantee that the documents or products will meet the specific regulatory or technical requirements of the destination country. The customer is solely responsible for verifying whether the ordered products are permitted for import, restricted, or require special permits or licenses.

8.5
The customer agrees to indemnify and hold the professional harmless from any financial liability, claim, penalty, or cost imposed by customs authorities or third parties resulting from the customer’s failure to comply with applicable import regulations.

8.6
Customers are strongly advised to contact their local customs authority or consult relevant import guidelines before placing an order to avoid unexpected charges, delays, or refusal at the border.

Article 9 – CESOP Compliance

As of 2024, payment service providers are required to record certain transaction data in the CESOP (Central Electronic System of Payment Information) in accordance with EU regulations. The professional complies with these regulations, which may affect the monitoring and reporting of payments made through the website.

Article 10 – Compliance and Warranty

The professional guarantees that the products comply with the contract and with applicable legal requirements at the time of delivery.
Any defects or non-conformities must be reported in writing within 14 days of discovery by the consumer.
Products must be returned in their original packaging and in the condition in which they were received, unless otherwise agreed.

Article 11 – Delivery

Orders are delivered within 30 days, unless a different delivery period has been explicitly agreed with the consumer.
In the event of a delay, the professional will notify the consumer within 14 days of placing the order.
Orders are shipped under conditions whereby the customer is designated as the recipient and the responsible party for import formalities.
The professional ensures that products are shipped in accordance with applicable international shipping regulations but assumes no responsibility for delays or issues during customs clearance.
The customer’s failure to meet import obligations does not constitute grounds for cancellation of the order or entitlement to a refund.

Article 12 – Complaint Resolution

Complaints regarding the execution of the contract must be submitted in writing and in a complete and clear manner within 7 days after the consumer has identified the issue or reasonably should have identified it.
The professional will respond to the complaint within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the professional will send a confirmation of receipt within 14 days and indicate an expected timeframe for a substantive answer.

Article 13 – Disputes

These general terms and conditions are governed by Dutch law. Disputes will preferably be resolved amicably. If necessary, disputes will be submitted to the competent court in the Netherlands.