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General Terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • OU. Boutique Stories: The company OU. Boutique Stories that enters into the Purchase Agreement with the Consumer.
  • Consumer: the legally competent natural person with legal capacity who is not acting in the course of a profession or business and who enters into a distance contract with OU. Boutique Stories;
  • Purchase Agreement: a purchase agreement where, within the framework of a system organized by OU. Boutique Stories for distance selling of products and/or services, up to and including the conclusion of the agreement between OU. Boutique Stories and the Consumer, 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 having to be simultaneously present in the same room;
  • Shipping Confirmation: the declaration by OU. Boutique Stories to the Consumer that the Agreement between OU. Boutique Stories and the Consumer has been concluded, which declaration is issued by means of sending this shipping confirmation;
  • Day: calendar day.

Article 2 – Identity of OU. Boutique Stories

OU. Boutique Stories BV
Registered address: Herengracht 252, 1016 BV Amsterdam
Phone number: +31 (0)20-237 9 000 (Mon to Fri from 9:00 AM to 6:00 PM)
Email address: service@boutiquestories.com

Chamber of Commerce number: 66563976
VAT identification number: NL856609894B01

Article 3 – Applicability

These general terms and conditions apply to the use of this website, every offer on this website, and every Purchase Agreement concluded between OU. Boutique Stories and the Consumer.

Article 4 – Use of this website

These terms and conditions apply to the use of this website, every offer, and the Purchase Agreement. Unless expressly agreed otherwise, the applicability of any other general terms and conditions is excluded.

Article 5 – How a Purchase Agreement is concluded

The information provided in the general terms and conditions and the information on this website do not constitute an offer to sell, but an invitation to negotiate.

To place an order, the Consumer must follow the online shopping process and press the "Place order" button to submit the order. When processing your order, OU. Boutique Stories will send an email confirming receipt of the order to the Consumer. This does not mean that the order has been accepted, as the order is an offer from the Consumer to OU. Boutique Stories to purchase one or more products from the webshop. All orders are subject to acceptance by OU. Boutique Stories. OU. Boutique Stories will confirm such acceptance to the Consumer by sending a Shipping Confirmation by email, confirming that the product has been shipped. The purchase and sale agreement takes effect from the moment the relevant email is sent. The Purchase Agreement relates exclusively to the products whose shipment has been confirmed in the Shipping Confirmation. OU. Boutique Stories is not bound to the delivery of any other products that may be part of your order until the shipment of such products has been confirmed in a separate Shipping Confirmation.

If OU. Boutique Stories does not accept the offer and money has already been debited from the bank account, no purchase agreement will be concluded, and the money will be fully refunded.

Delivery of the products takes place by shipping the products to the Consumer or at a place and time to be determined by OU. Boutique Stories by transferring possession.

Article 6 – Availability of service

OU. Boutique Stories strives to deliver products purchased through the website worldwide. However, it reserves the right to refuse or suspend delivery to certain countries or regions.

Article 7 – Availability of products

All orders are subject to the availability of the products, and in this respect, OU. Boutique Stories reserves the right to inform the Consumer, in case of delivery problems or because products are no longer in stock, and to refund any money already paid.

Article 8 – Refusal of order by OU. Boutique Stories

OU. Boutique Stories reserves the right to remove any product from the website at any time and/or to remove or change materials or content on this website. Although every effort is made to always process all orders, there may be exceptional circumstances where the order must be refused after the Consumer has received an Order Confirmation. OU. Boutique Stories reserves the right to do this at its sole discretion at all times. OU. Boutique Stories is not liable to the Consumer or any other third party due to the fact that a product has been removed from this website, regardless of whether it has been sold or not, nor for the removal or editing of materials or content from this website.

Article 9 – Complaints and returns

All product descriptions, information, and materials listed on this website are provided "as is," without explicit or implicit warranties or other guarantees. If for any reason the Consumer does not wish to purchase a product, he/she has the right to return the product to OU. Boutique Stories within 14 working days of delivery. The right to dissolve a Purchase Agreement applies only to products returned in the same condition as the Consumer received them. Returns will only be accepted in this case if the product packaging is undamaged, all labels are still attached, and the product has not been worn and/or washed. The costs for returns are for the Consumer's own account. OU. Boutique Stories will refund the paid amount directly to the Consumer's bank account (if paid via iDEAL) as soon as possible, but no later than 30 days after a product has been received back in good condition, or instruct the credit card company to credit the amount to the Consumer's bank account.

The Consumer must also return all instructions, documents, and packaging materials of the products. Any product that is damaged or not in the same condition as the Consumer received it will not be reimbursed. The Consumer must therefore take reasonable care of the product(s) if it/they are in his/her possession. The Consumer does not have the right to dissolve a Purchase Agreement for the delivery of any of the following products:

  • Items not in original condition and/or packaging
  • Items from which the return tag has been removed
  • Items that have been worn/used
  • Underwear (for hygienic reasons)
  • Earrings (for hygienic reasons)

Article 10 – Delivery

OU. Boutique Stories strives to ship the order for the product(s) listed in the Shipping Confirmation within 3 working days.

Reasons for delay may include:

  • customizing products
  • customized items
  • unforeseen circumstances
  • delivery area

OU. Boutique Stories is not liable for delays caused by customs or clearance processes.

OU. Boutique Stories notes that some carriers do not deliver on Saturdays and no deliveries take place on Sundays. With the applicability of these general terms and conditions, it is deemed that "delivery" has taken place, or it is deemed that the products "have been delivered," after signing for receipt of the products at the agreed delivery address.

Depending on the chosen carrier, the products will be stored in a safe place after two delivery attempts. The carrier will leave a message indicating where the package is and how the Consumer can pick up the delivery. If the Consumer cannot be at the delivery location at the agreed time, he/she should contact the relevant carrier to make a new appointment for delivery on another day that is convenient for both parties.

If the delivery time exceeds 30 days for any reason, the consumer has the right to dissolve the purchase agreement.

Article 11 – Risk and transfer of ownership

The risk for the products passes at the time of delivery. Ownership of the products passes to the Consumer only when full payment has been received for all amounts due in respect of the products, including delivery costs.

Article 12 – Price and payment

The price of the products is the price stated on the website, except in the case of an obvious error. Although OU. Boutique Stories makes every effort to ensure that all prices on the website are accurate, errors can always occur. If an error is discovered in the price of one or more products ordered by the Consumer, OU. Boutique Stories will inform the Consumer as soon as possible and give him/her the option to confirm the order at the correct price or cancel it. OU. Boutique Stories is not obliged to sell the product(s) to the Consumer at the incorrect (lower) price (even if an Order Confirmation has already been sent) if it is clear and unmistakable that the price is wrong and that the Consumer could reasonably have known this. The prices on the website include VAT, but exclude delivery costs. Delivery costs are added to the total amount due as set out on the Checkout page. Prices can change at any time, but any changes do not affect orders for which an Order Confirmation has already been sent (except in situations as mentioned above).

Payment is possible by Credit card, iDEAL and PayPal. Credit cards are subject to validity checks and authorization by the credit card issuer. If OU. Boutique Stories does not receive the desired authorization, it is not liable for any delay or non-delivery and no Purchase Agreement will be concluded.

Article 13 – Liability and disclaimer

OU. Boutique Stories hereby excludes all liability for any damage whatsoever, directly and/or indirectly arising in any way, including but not limited to damage resulting from the Purchase Agreement and the use of the website, unless there is intent or conscious recklessness on the part of OU. Boutique Stories. More specifically, it accepts no liability whatsoever for any damage whatsoever, which arises in any way from and/or results from:

  • the impossibility to use the website (fully);
  • the fact that the information on the website is incorrect, incomplete or not up-to-date;
  • errors in the software;
  • the unauthorized use of the systems, including the website by a third party.

The liability in connection with any product purchased through the website is limited to the purchase price of that product or to the amount paid out by the insurance.

To the extent permitted by law, but without excluding anything that may not be excluded by law in the case of consumers, OU. Boutique Stories disclaims all other warranties of any kind.

The provisions of this article do not affect the legal rights as a Consumer or the rights to cancel the Purchase Agreement.

Article 14 – Intellectual property

All copyrights, all (trade) names and trademarks and all other intellectual property rights regarding any material or content (as part of) the website belong to OU. Boutique Stories or its licensors. The Consumer may only use this material if express permission has been given for this. The Consumer may, if necessary, make a copy of an order or of contact details, as stated on this website.

Article 15 – Notifications

All communications that the Consumer makes to OU. Boutique Stories should preferably take place via the contact form. OU. Boutique Stories can send communications to the Consumer via the email address or postal address that the Consumer provides when placing an order. Communications are deemed to have been received and properly made immediately after they have been posted on the website, 24 hours after an email has been sent, or three days after the date of dispatch of a letter. To prove that a notification has been made, it suffices to prove that, in the case of a letter, such a letter has been properly addressed, stamped and posted and, in the case of an email, such an email has been sent to the specified email address of the addressee.

Article 16 – Transfer of rights and obligations

The Purchase Agreement between the Consumer and OU. Boutique Stories is binding on OU. Boutique Stories and the Consumer as well as on the respective successors and assignees of OU. Boutique Stories. The Consumer is not authorized to transfer, assign, encumber with limited rights or otherwise transfer a Purchase Agreement, or the rights or obligations arising therefrom, without prior written consent. OU. Boutique Stories is authorized to transfer, assign, encumber, outsource, whether or not through subcontracting, or otherwise transfer a Purchase Agreement, or the rights or obligations arising therefrom, at any time during the term of the Purchase Agreement. Such transfer, assignment, encumbrance, outsourcing or other transfer does not affect the Consumer's legal rights or an explicit or implicit warranty that may have been given to the Consumer.

Article 17 – Force majeure

OU. Boutique Stories is not liable or responsible for the non-performance or delayed performance of its obligations under a Purchase Agreement if this is caused by events not attributable to its fault, nor for which it is responsible under law, legal act or generally accepted views ("force majeure situation").

A force majeure situation consists of any act, event, non-occurrence of an event, omission or accident that is reasonably beyond the control of OU. Boutique Stories and consists in particular (without limitation) of the following:

  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • Impossibility of the use of transport by rail, boat, aircraft, motor vehicle or other public or private means of transport.
  • Impossibility of the use of public or private telecommunication networks.
  • Decisions, decrees, laws, regulations or restrictions by government.
  • A strike, fault or accident at a transport company, postal company or other relevant company.

The performance under a Purchase Agreement will be suspended for the period that the force majeure situation continues and for the duration of this period we are entitled to extend the time for delivering the performance. We will make reasonable efforts to terminate the force majeure situation or find a solution to perform our obligations under the Purchase Agreement despite the force majeure situation.

Article 18 – Waiver of right

If at any time during the term of a Purchase Agreement we fail to demand full performance of your obligations under the Purchase Agreement or these general terms and conditions, or if we fail to exercise rights or remedies to which we are entitled under the Purchase Agreement, this shall not constitute a waiver of such rights or remedies and the Consumer shall not be released from his/her obligations to perform. Waiver by OU. Boutique Stories of demanding performance implies no waiver of a later default. Waiver by OU. Boutique Stories of these general terms and conditions is not valid, unless it is expressly stated that it concerns such a waiver and that it has been communicated in writing to the Consumer in accordance with the provisions in the article above about Notifications.

Article 19 – Severability

The invalidity, nullity, or voidability of (a part of) any provision of the Purchase Agreement and these general terms and conditions does not affect the validity of the other provisions of that agreement and/or these general terms and conditions. The relevant (parts of) provisions will be replaced by provisions that are valid and that deviate as little as possible from the purpose and intent of the relevant (parts of) provisions.

Article 20 – Entire agreement

These general terms and conditions and any document expressly referred to in these general terms and conditions embody the entire Purchase Agreement between the Consumer and OU. Boutique Stories with respect to the subject matter of a Purchase Agreement and supersede any prior agreement, understanding or arrangement between the Consumer and OU. Boutique Stories, whether oral or written.

In case of differences between translations of these general terms and conditions and the Dutch text of these general terms and conditions, the Dutch text shall always prevail.

Article 21 – Our right to change these terms and conditions

OU. Boutique Stories has the right to revise and amend these general terms and conditions from time to time. The Consumer is bound by the policy and general terms and conditions in force at the time the products are ordered, unless a change of this policy, these general terms and conditions or the Privacy Statement is required by law or by a government authority, in which case the change also applies to orders previously placed by the Consumer.

Article 22 – Applicable law and competent court

All rights, obligations, offers, orders and agreements to which these terms and conditions apply, as well as these terms and conditions, are exclusively governed by Dutch law. The Vienna Sales Convention is excluded.

All disputes between parties will exclusively be submitted to the competent court in the Netherlands.

These General Terms and Conditions of Sale of OU. Boutique Stories are filed with the Chamber of Commerce in Amsterdam, under Chamber of Commerce number 66563976.