General terms & conditions
TERMS AND CONDITIONS
INTRODUCTION
The following Terms and Conditions apply to the use of this website and the agreement between us and you. These Terms outline the rights and obligations of all users (hereinafter referred to as "you") and those of By Aicha (hereinafter referred to as "us" / "our" / "we") concerning the goods/services offered by us, either via this website or via any other websites we may refer to. Before clicking the "BUY" button to place an order, we ask that you carefully read these Terms. By using this website or placing an order, you agree to be bound by these Terms. You cannot place an order if you do not agree to these Terms.
The sale of goods and the execution thereof via this website is carried out by By Aicha, a sole proprietorship based at Adrianalaan 401, 3053 JB in Rotterdam, the Netherlands, registered with the Chamber of Commerce under number: 64474925.
PRIVACY POLICY
By visiting the website, you consent to the processing of your data and declare that all information and data you provide to us is correct and corresponds to the truth.
CONCLUSION OF AGREEMENT
You can select individual products from the offer in the Online Shop and place them in an electronic shopping cart by clicking the "ADD TO CART" button. A binding order is only formed when you have entered all the necessary information for the conclusion of the agreement, confirmed that you have read these Terms and Conditions, and made the payment. By doing so, you conclude a purchase agreement with By Aicha based on these described Terms and Conditions. Until you click this button, you can modify and correct your order and the data associated with it at any time. By placing an order via the website, you guarantee that you are at least eighteen years old and legally capable of entering into a binding contract.
After placing your order, you will receive an email confirming receipt of your order. The contract only relates to the products for which we have confirmed the order in the "Order Confirmation." These Terms and Conditions are also provided to you during your visit to our website.
By Aicha may fully or partially cancel the purchase agreement with you if a part of the order or all ordered products turn out to be unavailable, despite being listed as available on the website. This may occur if the stock runs out after the order, the product is no longer available, or for other reasons that make delivery impossible. We will send you an email if this occurs. If the order has been pre-paid, the amount will be refunded to your account as soon as possible. This provision does not affect By Aicha's other legal rights to cancel the purchase agreement.
AVAILABILITY
All orders for products are subject to their availability, and in this regard, we reserve the right to provide you with information about replacement products of equal or higher quality and value that you can order in case of delivery problems or because the products are no longer in stock. If you do not wish to order such replacement products, we will refund any money you may have already paid.
We reserve the right to remove any product from this website at any time and/or to remove or edit materials or content on this website. While we make every effort to process all orders, there may be exceptional circumstances where we must refuse to process an order after sending you an Order Confirmation. We reserve the right to do this at our sole discretion. We are not liable to you or any third party for removing a product from this website, whether it has been sold or not, nor for removing or editing materials or content on this website.
DELIVERY AND SHIPPING COSTS
We aim to deliver your order to you as quickly as possible. Under normal circumstances, we will always ship your order the next business day. If this is not the case, we will announce it on the homepage of our webshop (for example, during a summer break when we have longer delivery times).
Depending on the products you have ordered, it may happen that a product is out of stock and thus has a longer delivery time. We will inform you of this at all times.
We charge the following shipping costs:
- Within the Netherlands: €5.95
- To Belgium: €5.95
- Other European countries: €8.95
- International: €19.95
All our packages within the Netherlands are delivered by PostNL. You will always receive a tracking code by email after the shipment of your order.
PRICE AND PAYMENT
The price of the products is the price listed on our website at all times, except in the case of an obvious error. While we make every effort to ensure that all prices on our website are accurate, errors can still occur. If we discover an error in the price of one or more products you have ordered, we will inform you as soon as possible and give you the option to confirm the order at the correct price or to cancel it. If we are unable to contact you, the order will be treated as canceled, and if you have already paid for the product(s), you will receive a full refund. We are not obligated to sell the product(s) to you at the incorrect (lower) price (even if we have already sent you an Order Confirmation) if it is clear and unmistakable that the price is wrong and you could reasonably have been aware of it.
Payment can be made via iDeal, PayPal, Bankcontact/Mistercash, Sofort banking, or pickup in the store.
Only after receiving the payment will production be scheduled.
RISK AND TRANSFER OF OWNERSHIP
The risk for the products is your responsibility from the moment of delivery. Ownership of the products only passes to you once we have received full payment for all amounts owed concerning the products, including shipping costs, or after delivery, whichever comes later.
CANCELLATION AND RIGHT OF WITHDRAWAL
You have the right to withdraw from the agreement within fourteen days without giving any reason. This also applies to discounted items. If a product does not meet your expectations and you wish to return it, you must return the product with all accompanying items in its original and good condition.
The withdrawal period expires fourteen days after the day you or a third party designated by you, who is not the carrier, takes physical possession of the goods. You must return the goods without delay after informing us of your decision to withdraw from the agreement. You are timely if you send the goods back before the fourteen-day period has expired.
To exercise your right of withdrawal, you must notify us by email. You can send an email to: [email protected]. Please clearly state your name and order number.
Returns should be sent to: BY AICHA
Postbus 52243
3007 LE Rotterdam
The Netherlands
Please include your order number and any reason for the return. You may also use the return form provided with your order.
The costs for returning the goods are borne by the customer.
RESERVATION OF OWNERSHIP
Until full payment has been made, the delivered products remain our property.
INTELLECTUAL PROPERTY RIGHTS
The website operated by us, as well as all its content, in particular texts, photos, images, graphics, prints, textile designs, films, presentations, sounds, illustrations, and any software, as well as all trademarks and/or models, including intellectual property rights, name and image rights, registered or unregistered trademarks, are all protected by industrial property rights against unlawful use. Any use, other than selecting and purchasing an item, requires prior written permission from us or, if the relevant rights do not belong to us, from the rightsholder.
FORCE MAJEURE
We are not liable or responsible for the non-performance or delayed performance of our obligations under a contract if this is caused by events beyond our control, nor are we liable under law, legal act, or prevailing opinions in the industry for our own account ("Force Majeure"). A Force Majeure situation includes any act, event, failure to act, omission, or accident that is reasonably beyond our control, and includes (but is not limited to) the following:
- Strikes, lockouts, or other industrial actions
- Civil unrest, riots, invasion, terrorist attack or threat of a terrorist attack, war (whether declared or not), or the threat of or preparation for war
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters
- Inability to use transportation by train, boat, airplane, vehicle, or other public or private transport means
- Inability to use public or private telecommunications networks
- Decisions, decrees, laws, regulations, or government restrictions
- A strike, fault, or accident in a transportation company, postal service, or other relevant company
Our performance under a contract is suspended for the duration of the Force Majeure situation, and during this period, we are entitled to extend the time for delivery of our performance. We will make reasonable efforts to end the Force Majeure situation or find a solution to perform our obligations under the contract despite the Force Majeure situation.
MODIFICATIONS
We reserve the right to revise and amend these Terms from time to time. You will be bound by the policy and Terms in effect when you place an order, unless a change in these Terms or Privacy Policy is required by law or a government authority, in which case the change will also apply to orders previously placed by you.
APPLICABLE LAW
This agreement is governed by Dutch law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
COMPLAINTS
If you are not satisfied with a delivered product because it is defective, has flaws, or is damaged, please contact us. We will work together to find an appropriate solution.
Defects that are not covered by the warranty:
- Defects caused by improper or intensive use
- Excessive sweating
- Color transfer and discoloration of clothing, scarves, or shoes
- Pilling (bobbles) of clothing
- Defects caused by washing or drying
- Defects caused by external influences, such as friction, sharp objects, or chemicals
- Items that cause physical discomfort due to their design, such as sweating or blisters
All your feedback and comments can be sent to us via our web form or by emailing [email protected]
