Terms and Conditions of Sale
Terms and Conditions of Sale – Claire Vancouver
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period: the time frame within which the consumer may exercise their right of withdrawal.
Consumer: any natural person not acting for professional or commercial purposes who enters into a distance contract with the merchant.
Day: calendar day.
Continuous performance contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time.
Durable medium: any tool that enables the consumer or the merchant to store information addressed personally to them, in a way that allows future consultation for a period adequate to its purpose, and which permits the identical reproduction of the stored information.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the withdrawal period.
Merchant (Entrepreneur): the natural or legal person offering products and/or services remotely to consumers.
Distance contract: any contract concluded within the framework of a system organised by the merchant for the remote sale of products and/or services, exclusively using one or more means of distance communication until the conclusion of the contract.
Means of distance communication: any method that can be used to conclude a contract without the consumer and merchant being physically present at the same time.
General Terms and Conditions of Sale (T&Cs): these present terms and conditions of the merchant.
Article 2 – Scope
These general terms and conditions apply to every offer made by the merchant and to every distance contract concluded between the merchant and the consumer.
Before the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the merchant will indicate how the terms can be accessed and that they will be sent free of charge upon request.
If the contract is concluded electronically, these terms may be provided electronically in a format that allows the consumer to store them on a durable medium. If this is not possible, the merchant will indicate where they can be consulted online and that they will be provided free of charge upon request.
If specific product or service terms apply in addition to these general terms, the consumer may always rely on the most favourable provision in case of conflict.
Situations not covered by these terms must be interpreted in the “spirit” of these terms and conditions.
Any uncertainty about the interpretation of one or more provisions must also be interpreted in that same spirit.
Article 3 – The Offer
If an offer is subject to a limited validity period or specific conditions, this will be clearly indicated.
The offer is non-binding. The merchant reserves the right to modify or withdraw the offer.
The offer includes a complete and accurate description of the products and/or services offered. Images, specifications, and information are indicative and do not entitle the consumer to any compensation or cancellation of the contract.
Product images are a faithful representation of the items offered, but the merchant cannot guarantee that colours displayed on screen will exactly match the actual product colours.
Each offer clearly states the rights and obligations that apply upon acceptance, including:
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the price (excluding import VAT and customs duties, which are the customer’s responsibility);
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any applicable shipping fees;
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how the contract will be concluded;
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the existence or absence of a right of withdrawal;
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payment, delivery, and execution terms;
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the validity period of the offer;
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applicable communication charges;
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the option to verify and correct provided information before placing the order;
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the languages available for concluding the contract;
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any applicable codes of conduct;
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the minimum contract duration in case of subscriptions;
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available sizes, colours, or materials.
Article 4 – The Contract
The contract is concluded at the moment the consumer accepts the offer and fulfils the stated conditions.
If acceptance occurs electronically, the merchant will immediately confirm receipt of the order. Until this confirmation is received, the consumer may cancel the order.
The merchant will take appropriate technical and organisational measures to secure the electronic transfer of data and payments.
The merchant reserves the right to verify the consumer’s ability to meet payment obligations. In cases of legitimate doubt, the merchant may refuse an order or attach special conditions to it.
At the latest upon delivery, the merchant will provide the following information on a durable medium:
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the address for submitting complaints;
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information on exercising the right of withdrawal;
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details of warranties and after-sales service;
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the information specified in Article 3;
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the procedure for terminating the contract in case of an indefinite term or duration exceeding one year.
Article 5 – Right of Withdrawal
The consumer has 30 days from receipt of the product to withdraw from the contract without giving any reason.
During this period, the consumer must handle the product carefully and only use it as necessary to determine its nature and functioning.
To exercise this right, the consumer must notify the merchant in writing or by email within 30 days of receipt.
The product must then be returned within 30 days in its original condition and packaging.
If these deadlines are not met, the contract becomes final.
Article 6 – Costs in Case of Withdrawal
Return shipping costs are the responsibility of the consumer.
Any amount already paid will be refunded within 14 days after the returned item is received, using the same payment method used for the purchase, unless otherwise agreed.
Article 7 – Exclusion of the Right of Withdrawal
The merchant may exclude the right of withdrawal for certain products, including:
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items made to the consumer’s specifications;
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personalised products;
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items that cannot be returned for hygiene reasons;
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perishable goods;
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items where the seal has been broken (e.g. software, audio/video products);
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individual newspapers or magazines.
This exclusion will be clearly stated in the offer.
Article 8 – Prices
Prices are listed in euros and include VAT, unless otherwise stated.
During the validity period of the offer, prices will not be increased except in the case of a legal change in the VAT rate.
Typographical or printing errors are not binding on the merchant.
Article 9 – Conformity and Warranty
The merchant guarantees that the products comply with the contract, the specifications in the offer, and the applicable legal safety and quality standards.
Defects must be reported in writing within 14 days of receipt.
The warranty does not apply in cases of misuse, unauthorised repairs, or failure to follow the merchant’s instructions.
Article 10 – Delivery and Execution
The merchant will make every effort to deliver products within 30 days at the latest.
In case of delay, the consumer will be informed and may cancel the order at no cost.
The risk of loss or damage transfers to the consumer at the time of delivery.
Article 11 – Continuous Contracts: Duration, Termination, and Renewal
The consumer may terminate an indefinite contract with a maximum notice period of one month.
A fixed-term contract may not be automatically renewed for a period longer than three months, unless explicitly agreed.
Contracts exceeding one year may be terminated at any time after one year, with one month’s notice.
Article 12 – Payment
Unless otherwise agreed, payment must be made within 7 working days of order confirmation.
The consumer must report any inaccuracies in payment information immediately.
In case of non-payment, the merchant reserves the right to charge reasonable collection costs, provided these are communicated in advance.
Article 13 – Complaints Procedure
The merchant maintains a clear and accessible complaints procedure.
Complaints must be submitted in writing within 14 days of discovering a defect.
The merchant will respond within 14 days. If more time is needed, an acknowledgment of receipt will be sent with an estimated response timeframe.
If the complaint is justified, the merchant will replace or repair the product free of charge.
Article 14 – Disputes
Contracts concluded between the merchant and the consumer are governed exclusively by Dutch law, even if the consumer resides abroad.