TERMS & SERVICES

This website is operated by Olivia Byron Bay Boutique. Throughout the site, the terms "we," "us," and "our" refer to Olivia Byron Bay Boutique. Olivia Byron Bay Boutique offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.  

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, sellers, and/or contributors.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of the services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page frequently for changes. Your continued use of or access to the website after any changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - DEFINITIONS

In these Terms and Conditions, the following definitions apply:

Withdrawal period: the period within which the consumer may exercise his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the trader;

Day: calendar day;

Term contract: a distance contract for a series of products and/or services, the delivery and/or purchase obligation of which extends over a specific period of time;

Durable medium: any means enabling the consumer or trader to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the information stored.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract which, within the framework of a system organised by the trader for the distance sale of goods and/or services, uses exclusively one or more techniques of distance communication up to the conclusion of the contract;

Distance communication technology: means that can be used to conclude an agreement without the consumer and the trader being in the same place at the same time.

General Terms and Conditions: these General Terms and Conditions of the Entrepreneur.

SECTION 2 - APPLICABILITY

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer and to every order.

Before concluding the distance contract, the consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, the consumer will be informed before concluding the distance contract that the general terms and conditions are available for inspection at the trader's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in a way that allows the consumer to easily store it on a durable medium. If this is not reasonably possible, it shall be stated before the conclusion of the distance contract where the general terms and conditions can be viewed electronically and that they will be provided free of charge by electronic means or by other means at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.

Should one or more provisions of these General Terms and Conditions be invalid or void at any time, in whole or in part, the remainder of the contract and these General Terms and Conditions shall remain in force and the provision in question shall be replaced immediately by mutual agreement with a provision that comes as close as possible to the meaning of the original provision.

Situations not covered by these Terms and Conditions shall be assessed "in the spirit" of these Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in the spirit" of these General Terms and Conditions.

SECTION 3 - THE OFFER

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

This offer is subject to change. The entrepreneur reserves the right to modify and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly evaluate the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer are not binding on the entrepreneur.

All pictures, specifications data in the offer are indicative and can not be a reason for compensation or termination of the agreement.

The images accompanying the products are a true representation of the products offered. The operator cannot guarantee that the colors depicted exactly match the actual colors of the products.

Every offer contains information that clearly indicates to the consumer the rights and obligations associated with accepting the offer. This applies in particular to:

The price excludes customs clearance fees and import VAT. These additional costs are borne by and at the customer's risk. The postal and/or courier service will apply the special rules for postal and courier services regarding imports. This rule applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect VAT (together with customs clearance fees, if applicable) from the recipient of the goods.

any shipping costs;

the manner in which the agreement is concluded and the measures required for that purpose;

whether the right of withdrawal applies or not;

the manner of payment, delivery and performance of the contract;

the period for acceptance of the offer or the period within which the trader guarantees the price;

the amount of the distance communication tariff if the costs of using the means of distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;

whether the contract is archived after its conclusion and, if so, how the consumer can access it;

the manner in which the consumer can check and, where appropriate, correct the data he has provided in the contract before the conclusion of the contract;

all other languages in which the agreement can be concluded besides Dutch;

the codes of conduct to which the trader has submitted and the means by which the consumer can consult those codes of conduct electronically;

and the minimum term of the distance contract in the case of a fixed-term contract. Optional: available sizes, colors, and type of materials.

SECTION 4 - THE AGREEMENT

Subject to the provisions of paragraph 3, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure internet environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.

The trader may – within the legal framework – obtain information about the consumer's ability to meet their payment obligations, as well as about all facts and factors relevant for a responsible conclusion of the distance contract. If, based on this assessment, the trader has good reason not to conclude the contract, they are entitled to refuse an order or application or to make the execution subject to special conditions, stating their reasons.

The trader will provide the consumer with the product or service the following information in writing or in such a way that it can be stored by the consumer on a durable medium:

1. The visiting address of the trader's establishment to which the consumer may address his complaints;
2. The conditions under which and the means by which the consumer may exercise his right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
3. Information on warranties and existing customer service;
4. The data contained in Article 3(3) of these terms and conditions, unless the trader has already provided these data to the consumer before the conclusion of the contract;
5. The conditions for termination of the agreement if the agreement has a term of more than one year or is of indefinite duration.

In the case of a continuing contract, the provision of the preceding paragraph shall apply only to the first delivery.

Any agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

SECTION 5 - RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option to terminate the contract without giving any reason within a period of 14 days. This cooling-off period begins on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all supplied accessories and, if possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the customer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer should notify this in writing/by email. After notifying the consumer that they wish to exercise their right of withdrawal, they must return the product to the warehouse in China within 14 days. The exact return address will be communicated by the operator when confirming the return request. The consumer must provide proof that the delivered goods were returned on time, for example, by means of a delivery note.

For further information and specific procedures, please see our Return Policy.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase shall be deemed to have been made.

SECTION 6 - COSTS IN CASE OF WITHDRAWAL

If the consumer exercises his right of withdrawal, the costs for returning the goods shall be borne by the consumer.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is provided that the product has already been received by the trader or conclusive proof of complete return can be provided.

SECTION 7 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products:

1. Which were prepared by the trader according to the consumer's specifications;
2. Which are clearly of a personal nature;
3. Which by their nature cannot be returned;
4. Which can spoil or age quickly;
5. Whose price is subject to fluctuations on the financial market over which the trader has no influence;
6. For loose newspapers and magazines;
7. For audio and video recordings and computer software whose seal has been broken by the consumer.
8. For hygienic products whose seal has been broken by the consumer.

The exclusion of the right of withdrawal is only possible for services:

1. For accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
2. The delivery of which has begun with the express consent of the consumer before the end of the cooling-off period;
3. About betting and lotteries.

SECTION 8 - THE PRICE

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except in the case of price changes due to changes in VAT rates.

By way of derogation from the previous paragraph, the trader may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the trader has no control. This link to the fluctuations and the fact that the prices quoted are indicative prices must be stated in the offer.

Price increases within three months of the contract conclusion are only permissible if they result from statutory provisions or regulations. Price increases from three months after the contract conclusion are only permissible if the entrepreneur has agreed to them and:

1. They arise from legal provisions or regulations; or
2. The consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

According to Section 4(1) of the Turnover Tax Act 1968, the supply takes place in the country where the transport begins. In this case, the supply takes place outside the EU. The postal or courier service will then collect the import VAT or clearance fees from the customer. Consequently, the trader will not charge VAT.

All prices are subject to printing and typesetting errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

SECTION 9 - CONFORMITY AND WARRANTY

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of suitability and/or usability, and the legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the contract.

Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each 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 himself or had them repaired and/or modified by third parties;

The delivered products have been subjected to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;

The defect is wholly or partly the result of regulations issued or to be issued by the government regarding the nature or quality of the materials used.

SECTION 10 - DELIVERY AND PERFORMANCE

The entrepreneur will exercise the greatest possible care when accepting and executing orders for products.

Subject to the provisions of Article 3 of these General Terms and Conditions, the company will execute accepted orders as quickly as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer will be informed no later than 30 days after the order has been placed. In this case, the consumer has the right to terminate the contract free of charge and the right to compensation for any damages.

In the event of termination in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible and at the latest within 14 days after termination.

Should delivery of an ordered product prove impossible, the entrepreneur will endeavor to provide a replacement. At the latest upon delivery, the customer will be informed in a clear and understandable manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The cost of 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 previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

SECTION 11 - TERM TRANSACTIONS: TERM, TERMINATION AND RENEWAL

Scheduling

The consumer may terminate a contract of indefinite duration concluded for the regular supply of products (including electricity) or services at any time, subject to compliance with the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract for the regular supply of goods (including electricity) or the provision of services at any time at the end of the term, subject to compliance with the agreed termination rules and a notice period of no more than one month.

The consumer may change the agreements referred to in the preceding paragraphs:

end at any time and not be limited to a specific time or period;

terminate the contract at least as agreed; always terminate with the same notice period that the entrepreneur has set for himself.

Expansion

A contract concluded for a definite period and relating to the regular supply of goods (including electricity) or the provision of services may not be tacitly extended or renewed for a definite period.

Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer may terminate that renewed contract at the end of the renewal period, giving no more than one month’s notice.

A fixed-term contract for the regular supply of goods or the provision of services may be tacitly renewed for an indefinite period only if the consumer may terminate the contract at any time subject to a notice period of no more than one month and a notice period of no more than three months where the contract relates to the regular, but less than monthly, supply of daily or weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines within the framework of an introductory subscription (trial or introductory subscription) shall not be tacitly continued and shall terminate automatically upon expiry of the trial or introductory period.

Length of time

If a contract has a term 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 termination before the end of the agreed term is not possible for reasons of reasonableness and fairness.

SECTION 12 - PAYMENT

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the reflection period referred to in Article 5(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the payment details provided or mentioned.

In case of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs communicated to the consumer in advance.

SECTION 13 - COMPLAINTS PROCEDURE

Complaints about the performance of the contract must be addressed to the entrepreneur, fully and clearly described, within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute arises which is subject to dispute resolution.

A complaint shall not result in the suspension of the Operator's obligations unless the Operator states otherwise in writing.

If the operator finds a complaint to be justified, the operator will, at its discretion, either replace or repair the delivered products free of charge.

SECTION 14 - DISPUTES

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.