General Terms and Conditions

1. Introduction
1.1 These terms apply to the use of our website or the purchase of products offered through our website.
1.2 Definitions and interpretations of these terms can be found in section 26.

2. Consent
2.1 You represent and warrant that:
(a) you are a natural person and at least 18 years old;
(b) you are authorized to enter into a legally binding contract with us; and
(c) you are not prevented by any applicable laws or contracts from entering into a legally binding contract with us.

2.2 We reserve the right to request written confirmation of your eligibility to accept these terms.
2.3 You represent and warrant that you do not:
(a) you have been convicted of a computer- or internet-related crime; and
(b) you have previously been excluded from products or access to the website.

2.4 We reserve the right to refuse you access to our website if we consider such refusal necessary or appropriate.
2.5 By placing an order, you declare that:
(a) you have read these terms carefully and completely;
(b) you offer exclusively to purchase the order according to these terms;
(c) your order confirmation is based solely on these terms; and
(d) you undertake to comply with these terms.

2.6 If you do not agree to these terms, you may not use the website or purchase products.
2.7 You must explicitly agree to these terms in order to:
(a) sending information to or about our website; or
(b) to purchase a product.

2.8 By visiting our website, purchasing products, or agreeing to these terms:
(a) you also accept our privacy policy; and
(b) you agree to and undertake to comply with our acceptable use policy (see section 12 below for more information).

2.9 We recommend that you print a copy of these terms for future reference.
2.10 If you do not agree to these terms, you may not place an order or contact us.

3. Personal Use
You confirm that you use the website exclusively to purchase products for your personal, non-commercial use as a private individual and will not act as a representative or on behalf of another person.

4. Prices
4.1 The prices displayed on our website for products include delivery costs but do not include fees, taxes, customs duties, or other similar government charges ("unpaid and untaxed").

4.2 All customs duties, taxes, fees, or other government charges as well as declarations related to the import of the products to the delivery address are your responsibility and are not included in the product price. In some cases, deliveries may incur additional costs for which the seller is not responsible and which must be borne by the customer. These include, in addition to shipping costs, costs for customs duties or import VAT, as the goods are shipped from a non-EU country (China). Before ordering, you should check with customer service whether customs duties apply to a specific product.

4.3 We make every effort to ensure that all details, descriptions, and prices of the products displayed on our website are accurate. If we discover a pricing error, we will inform you as soon as possible and give you the option to confirm or cancel your order at the correct price.

4.4 We are not obligated to fulfill an order if the price listed on the website is incorrect (even after receiving an order confirmation).
4.5 Prices may change from time to time. However, such changes do not affect an order for which an order confirmation has already been sent.

5. Placing an order
5.1 Once you have placed an order, each order is subject to availability. If we have sufficient stock to fulfill your order, you will receive an order confirmation, which serves as our acknowledgment of receipt of your order.
5.2 A contract is only formed if we have issued an order confirmation and only in relation to the products specified in the order confirmation.
5.3 If your order includes multiple products, the products may be delivered to you in separate shipments at different times.
5.4 We reserve the right to remove products from the website at any time.
5.5 We reserve the right to reject or cancel an order you have placed at any time (even after sending an order confirmation).
5.6 If we cancel your order after payment has been received, the full payment will be refunded.

6. Payment
6.1 You can pay for the products using one of the payment providers listed on our website.
6.2 We are not responsible for unauthorized use of your credit, debit, or prepaid cards by third parties, even if these cards have been reported as stolen.
6.3 You may not initiate chargebacks or attempt to claim refunds related to a payment you have made for products.

7. Delivery
7.1 We strive to deliver your order to the delivery address provided at the time of order.
7.2 We provide an estimated delivery date at checkout.
7.3 If we are unable to deliver the products to certain locations, we will inform you and arrange for the cancellation and refund of the order.
7.4 The risk for the products passes to you upon delivery to the delivery address.

Contact us
If you have any questions or concerns about these terms, the website, or the products, please contact us by email.

8. Cancellation or Change of Orders
8.1 Once an order has been placed on our website, you can cancel or change the order by sending us an email.
8.2 Once an order has been packed, it can no longer be canceled or changed; instead, the order must be returned according to Section 10 below. Since our goods are shipped from Asia, transit times may be longer and we have no control over these times. If the product is already on its way to you, cancellation is not possible. In this case, please wait until you receive the goods and return them to us. However, you may inform us of your cancellation in advance. To ensure a quick return, please send us a shipping confirmation. An early refund is possible no earlier than 16 weeks after receiving the order if the goods have not arrived.
8.3 Since we operate with a fully automated system, orders are processed immediately after shipping. Therefore, we unfortunately cannot interrupt the delivery process before completion, which means a refund before receiving the goods is only possible up to 24 hours after the order.

9. Defective Products
9.1 You acknowledge that the products are standard products and have not been custom-made to meet your specific requirements.
9.2 All product descriptions, information, and materials on the website are provided "as is," without express or implied warranty or other assurance.
9.3 Product images may differ slightly from the actual product you receive.
9.4 If the received product is defective, you may send us an email with information about the product to be returned and a picture of the defective product.
9.5 You may return the product to us in accordance with Section 10.
9.6 We will inspect the product as soon as we receive it. Our processing time depends on your order.
9.7 We will notify you by email if we consider the product to be defective.
9.8 Our sole obligation to you regarding defective products is (at our discretion):
(a) to replace the product and cover the delivery costs to the delivery address, provided you return the defective product to us and we ship a replacement product; or
(b) to pay you an amount equal to the price of the product and the cost of returning the defective product. We will pay this amount to the account from which we received the payment.
9.9 If we determine that the product is not defective, we may, at our discretion, decide not to refund the purchase price of the product and may require you to pay reasonable service fees.

10. Returns and Refunds
10.1 Our return conditions are part of these terms of sale and entitle you to use our website.
10.2 If you are not completely satisfied with your order, you can send us an email with information about the product to be returned and send it back to us. The withdrawal period is 30 days from the date you or a third party other than the carrier received the last product.
10.3 The customer bears the return shipping costs.
10.4 We must have received the product for the customer to be entitled to a refund. We inspect the returned product upon arrival.
10.5 You must ensure that the product is returned in the same condition in which you received it and that it is properly packaged. The product must not have been used, labels must not be tampered with, and it must be in the original packaging.
10.6 If a product is returned in an inappropriate condition, we reserve the right to refuse the return.
10.7 If we are satisfied with the condition of the product, we will send an email confirming the return, and the refund will be processed within 7 days via the payment method used for the order.

10.8 The refund will be made in full once we have received the physical goods.
10.9 Since our goods are shipped from Asia, delivery times may be longer, which is beyond our control. If the goods are already on their way to you, cancellation is not possible. In this case, please wait until you have received the goods and then return them to us.

11. Value Vouchers
11.1 You can use our discount vouchers or promotions to pay for products on the website.
11.2 To use a voucher, the code must be entered on the payment page.
11.3 Once the code is entered and applied, the discount will be deducted from the total order amount at checkout.
11.4 Only one promotional voucher can be used per order.
11.5 The value of a promotional voucher does not generate interest and has no cash value.
11.6 If the value of the voucher is not sufficient to cover the order, you can pay the difference with another payment method.

12. Permitted Use
12.1 You must not perform the following actions ("Prohibited Actions"):
(a) Use our website in a way that could damage the website or impair the performance, availability, or accessibility of the website;
(b) Use our website in an illegal, inappropriate, fraudulent, or harmful way or in connection with illegal, inappropriate, fraudulent, or harmful activities;
(c) Using our website to copy, store, host, transmit, send, publish, or distribute material consisting of spyware, computer viruses, trojans, worms, keyloggers, rootkits, or other malicious software (or related to such);
(d) Conducting systematic or automated data collection activities (including scraping, data mining, data harvesting, or data extraction) on or in connection with our website without our express written consent;
(e) Using our website with robots, spider programs, or other automated means;
(f) Violating the policies in our website’s "robots.txt" file;
(g) Using data collected through our website for direct marketing purposes (including email marketing, SMS marketing, telemarketing, or direct advertising);
(h) Using data collected through the website to contact individuals, companies, or other entities;
(i) Using the website to interact with entities without express permission;
(j) Conducting hacking or network attacks, sending harmful or potentially harmful messages using our website’s infrastructure;
(k) Copying, publishing, modifying, decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code of the website;
(l) Using the website to create similar or competing products or services;
(m) Selling, transferring, licensing, distributing, or renting access to the website to third parties;
(n) Making the website accessible to third parties via a private data network;
(o) Editing or modifying any content downloaded from our website without express permission.

12.2 You acknowledge that you are responsible for any damages, losses, costs, or expenses we may incur as a result of prohibited actions.
12.3 You agree to inform us as soon as possible if you become aware that a person is engaging in a prohibited action.

13. Links to the Website
13.1 Links from our website to other websites and resources provided by third parties are for informational purposes only.
13.2 We have no control over the content of other websites or resources linked from our website.
13.3 You may link to our homepage, provided this is done fairly and legally and does not harm our reputation.
13.4 It is not permitted to create a link that suggests any form of cooperation, authorization, or approval on our part if none exists.
13.5 You may not create a link to our website on a website you do not own.
13.6 We reserve the right to revoke permission to link without prior notice.

14. Intellectual Property Rights
14.1 The code, structure, and organization of the website are protected by intellectual property rights.
14.2 We are the owners or licensees of all intellectual property rights on our website as well as the content and materials published on it. These works are protected worldwide by laws and treaties. All rights are reserved.
14.3 You may use the website and all its content only for personal, non-commercial use in accordance with these terms. The website content also includes content related to the products.
14.4 You agree to inform us of any possible infringements of our intellectual property rights.
14.5 You may not use our trademarks without our prior written permission, unless they are part of material you use under section 13 (and reproduce exactly).

15. Data Protection
15.1 Our privacy policy is part of these terms and entitles you to use our website.
15.2 We use cookies on our website. By accepting these terms, you also agree to the use of cookies to improve the user experience.
15.3 If you provide us with your personal data, we will process it according to your instructions and take appropriate security measures to protect the data from unauthorized access.
15.4 If specific protective measures are required or agreed upon in writing, information and documents created in connection with the sale of products may be exchanged between us and made available to our employees, executives, consultants, or agents in electronic form.

16. Viruses
16.1 We do not guarantee that our website is secure or free from errors or viruses.
16.2 It is your responsibility to configure your information technology, computer programs, and platforms to access our website. Use your own antivirus software.
16.3 You must not misuse our website by intentionally introducing viruses, trojans, worms, logic bombs, or other harmful or technically damaging material.
16.4 You must not attempt to gain unauthorized access to our website, the server on which the website is stored, or any server, computer, or database connected to our website.
16.5 You must not attack our website through a DoS attack (Denial of Service) or a DDoS attack (Distributed Denial of Service).
16.6 If we believe you have violated the provisions of this section 16, your right to use our website will end immediately. We may report any violation to the relevant law enforcement authorities and are obliged to do so if required by law.

17. Liability
17.1 To the extent permitted by law, we are not liable for losses or damages caused by:
(a) Content from third parties or users;
(b) Own content, including accuracy, completeness, or timeliness;
(c) The quality of the products, their images, descriptions, or compliance with specifications;
(d) Reliance on information on our website or in these terms;
(e) The inability to access the website or any part of it;
(f) Delays or failures in fulfilling our obligations due to circumstances beyond our reasonable control, such as telecommunications interruptions, power outages, terrorist attacks, fuel shortages, bad weather, computer errors, supplier delivery problems, labor disputes, or staff shortages due to illness.

17.2 We are not liable for loss of profit, business opportunities, goodwill, savings or benefits, or for indirect, special, or consequential damages, even if such loss was reasonably foreseeable.
17.3 Our liability for losses directly or indirectly arising from these terms is limited to a maximum of USD 1,000 or five times the product price.

18. Indemnification
18.1 You agree to fully indemnify us against all claims, costs, and losses arising from:
(a) A material breach of these terms on your part;
(b) Fraud, negligence, or breach of duty of care on your part;
(c) your use of our website.

18.2 We have the right to claim compensation for all reasonable costs incurred in connection with a compensation claim.

19. Force Majeure
19.1 If a force majeure event lasts longer than one week, we may terminate the terms immediately by written notice without further obligations, except for refunding the product you have already paid for but not received.
19.2 We reserve the right to decide at our sole discretion how to handle a force majeure event in order to fully meet our obligations under these terms.

20. Changes
20.1 We may change these terms from time to time. We will inform you of any changes that may be disadvantageous to you.
20.2 If you do not agree to the amended terms, you must stop using our website or stop purchasing products.
20.3 If you have expressly agreed to these terms, we will ask for your explicit consent to any changes before you make another purchase after the change.

21. Breach of Terms
21.1 If you violate these terms, we may:
(a) issue a formal warning;
(b) temporarily block your access to our website;
(c) cancel the processing of an order;
(d) refuse to accept payments from you;
(e) permanently block your access to our website.
21.2 If we restrict your access to the website, you must not attempt to circumvent these restrictions.

22. Termination and Suspension
22.1 You may stop using the website at any time.
22.2 We may discontinue providing the website at any time without giving reasons.
22.3 We may terminate your access to the website if your use could have legal consequences.
22.4 We do not guarantee that our website will be available at all times without interruption.

23. Consequences of Termination
23.1 Termination of these terms immediately ends all obligations to provide customer service.
23.2 You are not entitled to compensation due to the termination of these terms.
23.3 Liability and indemnity provisions remain in effect even after termination.

24. General Provisions
24.1 You may not assign any of your rights under these terms.
24.2 The rights and remedies set out in these terms are cumulative and not exclusive.
24.3 If any provision of these terms is found to be invalid or unenforceable, the validity of the remaining provisions remains unaffected.
24.4 If we do not exercise a right under these terms, this does not mean we waive that right.

25. Applicable Law
These terms are governed by the laws of the country where our website is operated and are interpreted accordingly.

26. Definitions and Interpretations

• “Order” refers to the order you place through our website to purchase one or more products from us;
• “Order confirmation” refers to the email we send to confirm your order;
• “Payment provider” refers to third parties used for payment processing;
• “Product” refers to a product offered on our website;
• “Website” refers to the online platform where the products are offered;

If you have any questions or comments about these terms, please contact us by email.

Company name: Emmys Boutique
Address: Engelandlaan 38, 2711DV Zoetermeer, The Netherlands
Trade register number: 92351771
Email: info@emmys-boutique.com
Phone number: +3197010270804