Términos del servicio

General Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:
• Withdrawal Period: The period during which the consumer may exercise the right of withdrawal;
• Consumer: A natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
• Long-term Contract: A distance contract relating to a series of products or services, with obligations distributed over time;
• Right of Withdrawal: The consumer’s option to withdraw from the distance contract within the withdrawal period;
• Entrepreneur: A natural or legal person who offers products or services remotely to consumers;
• Distance Contract: A contract concluded between the entrepreneur and the consumer using means of distance communication;
• CESOP: The Central Electronic System of Payment Information introduced by the EU for monitoring payment service providers.

Article 2 – Identity of the Entrepreneur
• Customer Service Email: support@emmas-boutique-toronto.com

Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded. Before concluding the agreement, the terms are made available electronically or otherwise.

Article 4 – The Offer
• Offers are non-binding. The entrepreneur reserves the right to modify offers.
• The offer clearly specifies the total costs, including delivery charges, customs duties, and any additional costs collected by postal or courier services.

Article 5 – The Agreement
The agreement is established once the consumer accepts the offer and complies with the specified terms. The entrepreneur will immediately confirm acceptance by email.

Article 6 – Right of Withdrawal
• Consumers have the right to withdraw from the contract within 14 days of receiving the product without giving a reason.
• Return costs are borne by the consumer when exercising the right of withdrawal.

Article 7 – Costs in Case of Withdrawal
The entrepreneur will refund payments within 14 days of withdrawal, provided that the product is returned in its original condition.

Article 8 – Customs Duties, Import Obligations, and VAT
8.1
All goods offered and sold through this website are shipped under the delivery condition Delivered Duty Unpaid (DDU), according to Incoterms 2000. This means that the customer is solely and fully responsible for all costs and obligations arising from the import of goods into the destination country.
8.2
These obligations include, but are not limited to:
(a) payment of customs duties, VAT, or other applicable taxes at the point of entry;
(b) customs clearance costs, including brokerage, inspection, or handling fees imposed by customs authorities, postal operators, or courier services; and
(c) compliance with local laws, product regulations, restrictions, and certifications required in the country of delivery.
8.3
The seller (referred to as the “entrepreneur”) does not act as the legal importer of any order. Ownership and responsibility for the goods transfer to the customer upon shipment. The entrepreneur is not responsible for delays, seizures, refusals, or fines resulting from the customer’s failure to comply with import regulations or to pay the necessary duties.
8.4
The entrepreneur provides the necessary commercial documentation for international shipment (including, if required, a pro forma or commercial invoice, product description, and declared value). However, the entrepreneur does not guarantee that the documentation or goods will meet regulatory or technical requirements in the destination country. The customer is solely responsible for verifying whether the goods ordered are permitted for import, restricted, or require special permits/licenses.
8.5
The customer agrees to indemnify and hold the entrepreneur harmless from any financial consequences, claims, penalties, or fees imposed by customs authorities or third parties as a result of the customer’s failure to comply with applicable import regulations.
8.6
It is strongly recommended that customers contact local customs authorities or consult relevant import guidelines before placing an order, in order to avoid unexpected costs, delays, or refusals at the border.

Article 9 – CESOP Compliance
Starting in 2024, payment service providers will record transaction data in the CESOP (Central Electronic System of Payment Information), in accordance with EU regulations. The entrepreneur complies with these regulations, which may affect the monitoring and reporting of payments.

Article 10 – Compliance and Warranty
• The entrepreneur guarantees that the products conform to the agreement and legal requirements.
• Complaints regarding defects must be reported in writing within 14 days.
• Products must be returned in their original packaging and condition.

Article 11 – Delivery
• Orders are delivered within 30 days, unless otherwise agreed.
• In case of delays, the entrepreneur will inform the consumer within 14 days of the order date.
• Orders are shipped under conditions where the customer is the recipient and the responsible party for any import process.
• The entrepreneur ensures that products are shipped in accordance with international transport regulations but does not assume responsibility for delays or issues arising during customs clearance.
• Failure by the customer to comply with import obligations does not constitute grounds for cancellation or refund of the order.

Article 12 – Complaint Handling
• Complaints must be submitted in writing within 7 days of identifying the issue.
• The entrepreneur will respond within 14 days. If more time is required for resolution, an estimated timeframe will be provided.

Article 13 – Disputes
These terms and conditions are governed by Dutch law. Disputes will preferably be settled amicably. If necessary, disputes will be submitted to the competent court in the Netherlands.