Terms and Conditions

Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Long-term transaction: A distance contract regarding a series of products and/or services, where the delivery and/or acceptance obligation is spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to cancel the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers.
Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, in which up to and including the conclusion of the contract exclusively one or more means of distance communication are used.
Means of distance communication: Means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location.
Terms and Conditions: These Terms and Conditions of the entrepreneur.

Article 2 – Company Information

The entrepreneur is:

Company name: Noire Boutique London
Legal form: Sole trader
Registered address: Schepenhoek 239, 5403 GB, Uden, The Netherlands
Chamber of Commerce (KvK) number: 90290607
Email address: support@noireboutiquelondon.com

Article 3 – Right of Withdrawal
The consumer has the right to withdraw from the contract within a period of 30 days without giving any reason. During the cooling-off period, the consumer shall handle the product and packaging with care.

If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, if possible, in the original condition, in accordance with reasonable instructions from the entrepreneur.

Article 4 – Applicability
These terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between the entrepreneur and consumer.

Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be inspected at the entrepreneur and will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these terms and conditions can be made available electronically to the consumer in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the terms and conditions can be electronically accessed and that they will be sent to the consumer electronically or otherwise free of charge upon request.
In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in case of conflicting terms and conditions, the consumer may always rely on the provision that is most favorable to them.
If one or more provisions in these terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions remain in force for the rest, and the relevant provision shall be promptly replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these terms and conditions shall be assessed “in the spirit” of these terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these terms and conditions.

Article 5 – The Offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer.
If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This specifically concerns:

Any shipping costs.
The way in which the contract will be concluded and which actions are required for this.
Whether the right of withdrawal applies.
The method of payment, delivery, and performance of the contract.
The period for acceptance of the offer, or the period during which the entrepreneur guarantees the price.
The amount of the fee for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication method used.
Whether the contract will be archived after conclusion and, if so, in what way it can be consulted by the consumer.
The manner in which the consumer can check and, if desired, correct the data provided in the context of the contract before concluding the contract.
Any other languages in which, in addition to Dutch, the contract can be concluded.
The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically.
The minimum duration of the distance contract in the case of a long-term transaction.
Optionally: available sizes, colors, types of materials.

Article 6 – The Contract
The contract is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions attached to it.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
The entrepreneur may—within legal limits—ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant for responsibly entering into the distance contract. If the entrepreneur, based on this investigation, has good reasons not to conclude the contract, they are entitled to refuse an order or request with justification or attach special conditions to the performance.
The entrepreneur shall provide the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer on a durable data carrier:

The visiting address of the entrepreneur’s establishment where the consumer can lodge complaints.
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
Information about guarantees and existing after-sales service.
The data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the performance of the contract.
The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery. Each contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 7 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 30 days.
This reflection period begins on the day after the consumer receives the product or a representative designated in advance by the consumer and known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and packaging with care. The product shall only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product.

If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and—insofar as reasonably possible—in the original state and packaging to the entrepreneur, in accordance with reasonable and clear instructions provided by the entrepreneur.

Return Address:
Recipient: Niu Yuzhen
Address: No.2 freight elevator on the west side of the 3rd floor, upstairs, Yuantong Express, No. 409, Suxi, Yiwu Town
Postal Code: 310000
City: Jinhua
Province: Zhejiang
Country: China

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur of this within 30 days after receipt of the product. The notification must be made in writing or by e-mail.

After the consumer has indicated their intention to exercise their right of withdrawal, the product must be returned within 30 days. The consumer must provide proof that the goods have been returned in time, for example by providing proof of shipment.

If the consumer has not notified their intention to exercise the right of withdrawal and/or has not returned the product to the entrepreneur after the periods mentioned above, the purchase is considered final.

Article 8 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products shall be borne by the consumer.

If the consumer has made a payment, the entrepreneur shall repay this amount as soon as possible, but no later than 30 days after withdrawal. This is conditional on the product having already been received by the entrepreneur at the return address above, or on providing conclusive proof of complete return.

Refusal Upon Delivery:
If the consumer refuses the package upon delivery, this is considered an exercise of the right of withdrawal. In such a case, the package may be returned to us at the consumer’s expense, including any return shipping costs and applicable customs fees. Refunds, if applicable, will be processed within 30 days after receipt of the returned package, minus a deduction of 15% to cover the incurred return costs.

Article 9 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:

That have been created by the entrepreneur according to the consumer’s specifications.
That are clearly personal in nature.
That cannot be returned due to their nature.
That can quickly spoil or expire.
Whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence.
For single newspapers and magazines.
For media and video recordings and computer software where the consumer has broken the seal.
For hygienic products where the consumer has broken the seal.

Article 10 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
Price increases within three months after the conclusion of the contract are only allowed if they result from statutory regulations or provisions.
Price increases from three months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

They result from statutory regulations or provisions.
The consumer has the right to terminate the contract as of the day the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 11 – Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations in force at the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal circumstances or otherwise handled carelessly, or are in violation of the entrepreneur’s instructions and/or the instructions on the packaging.
The defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 12 – Delivery and Performance
The entrepreneur will exercise the utmost care in receiving and performing orders for products.
With due observance of the provisions in Article 4 of these terms and conditions, the company shall execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the contract at no cost and is entitled to any compensation.
In the case of dissolution according to the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item is being provided.
For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.

Article 13 – Long-term Transactions: Duration, Termination, and Renewal

Termination
The consumer may terminate a contract concluded for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a termination period of no more than one month.
The consumer may terminate a contract concluded for a fixed period and which involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a termination period of no more than one month.
The consumer may terminate the contracts mentioned in the previous paragraphs:

at any time and is not limited to termination at a specific time or within a certain period;
at least in the same manner as they were concluded;
always with the same notice period that the entrepreneur has stipulated for themselves.

Renewal
A contract concluded for a fixed period and which involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
In deviation from the previous paragraph, a contract concluded for a fixed period and which involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, provided that the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A contract concluded for a fixed period and which involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract involves the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
A contract of limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and automatically ends after the trial or introductory period.

Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 14 – Payment
Unless otherwise agreed, amounts due by the consumer must be paid within seven working days after the start of the cooling-off period as referred to in Article 6, paragraph 1.
In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
The consumer has the duty to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.
In the event of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.

Article 15 – Complaints Procedure
Complaints regarding the performance of the contract must be submitted to the entrepreneur in full and clearly described within seven days after the consumer has detected the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt.
If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be resolved by mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur explicitly states otherwise in writing.
If a complaint is found to be valid by the entrepreneur, the entrepreneur shall, at their discretion, either replace or repair the delivered products free of charge.

Article 16 – Governing Law and Jurisdiction

These Terms and Conditions and all agreements between the entrepreneur and the consumer shall be governed exclusively by the laws of the Netherlands.

Any disputes arising out of or in connection with these agreements shall be subject to the exclusive jurisdiction of the competent court in the Netherlands.

If the consumer resides in another Member State of the European Union, the mandatory provisions of consumer protection law in that country shall also apply.