Terms and Conditions of Carters Boutique

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-off period: The period within which the consumer can exercise the right of withdrawal.

Consumer: A natural person who is not acting in the exercise of a trade, business, craft, or profession and who enters into a distance contract with the trader.

Day: Calendar day.

Long-term contract: A distance contract relating to a series of products and/or services where the obligation of supply and/or purchase is spread over time.

Durable medium: Any instrument which enables the consumer or trader to store information addressed personally to them in a way that is accessible for future reference and which allows the unchanged reproduction of the information stored.

Right of withdrawal: The right of the consumer to withdraw from the distance contract within the cooling-off period.

Trader: The natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: A contract concluded between the trader and the consumer within the framework of an organised system for distance selling, without the simultaneous physical presence of trader and consumer, and with the exclusive use of one or more means of distance communication.

Means of distance communication: A method that can be used to conclude a contract without the consumer and the trader being together in the same place at the same time.

Terms and Conditions: The present Terms and Conditions of the trader.

Article 2 – Identity of the Trader

Company name: Mayfair Commerce
Trade register number: 96612002
Trading name: Carters Boutique
VAT identification number: NL005220280B85
Customer service email: info@carters-boutique.com

Article 3 – Applicability

These Terms and Conditions apply to every offer of Carters Boutique and to every distance contract concluded between Carters Boutique and the consumer, as well as to all orders placed.
Before the distance contract is concluded, the consumer will be provided with the text of these Terms and Conditions. If this is not reasonably possible, Carters Boutique will indicate where the Terms and Conditions can be consulted and that they will be sent free of charge upon request.
If the contract is concluded electronically, the text may be supplied electronically in such a way that the consumer can easily store it for future reference.
Special conditions relating to specific products or services apply in addition to these Terms and Conditions. In case of conflict, the most consumer-friendly provision shall prevail.
If any provision of these Terms is declared void or invalid, the remaining provisions will remain in force. The invalid provision shall be replaced with one that comes closest to the intent of the original.
Situations not covered in these Terms and Conditions or questions of interpretation shall be decided “in the spirit” of these Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated.
The offer is non-binding. Carters Boutique reserves the right to change or amend the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment. Images used are a true representation of the products and/or services. Obvious mistakes or errors are not binding on Carters Boutique.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or contract termination.
Images of products are a best possible representation, but exact colour matches cannot be guaranteed.

Each offer includes information about:
Price (excluding import duties and VAT, payable by the customer);
Delivery costs;
The way in which the contract will be concluded and the necessary steps;
Whether or not the right of withdrawal applies;
Accepted payment methods, delivery, and performance;
The period for accepting the offer or honouring the price;
Costs of distance communication;
Whether the contract will be archived and how it can be consulted;
The possibility of correcting errors before placing the order;
Contract languages;
Applicable codes of conduct;
Duration of long-term contracts;
Available sizes, colours, materials (where applicable).

Article 5 – The Contract

The contract is concluded at the moment the consumer accepts the offer and fulfils the conditions.
Upon electronic acceptance, Carters Boutique will promptly confirm receipt of acceptance. Until confirmation has been received, the consumer may dissolve the contract.
Carters Boutique takes appropriate technical and organisational measures for secure data transfer in online contracts.
The trader may investigate whether the consumer can meet payment obligations. If justified reasons exist, Carters Boutique reserves the right to refuse an order or attach special conditions.
After conclusion of the contract, the consumer receives:
The address for complaints;
Information about the right of withdrawal;
Warranty and after-sales information;
Details from Article 4.3 (unless already provided);
Conditions for termination if the contract lasts longer than one year.
For long-term contracts, these provisions apply only to the first delivery.
The contract is subject to sufficient product availability.

Article 6 – Right of Withdrawal

Consumers may withdraw within 14 days without giving any reason. The period begins the day after receipt of goods by the consumer or their designated representative.
During this period, the consumer shall handle the product with care and only inspect it as reasonably necessary.
In case of withdrawal, the product must be returned in full, preferably in its original condition and packaging, in accordance with the instructions of Carters Boutique.
Withdrawal must be notified in writing (including email) within 14 days. The consumer then has a further 14 days to return the goods.
Return shipments may be sent directly to the supplier in China.
If no withdrawal is made, or if goods are not returned, the purchase remains binding.

Article 7 – Costs in Case of Withdrawal

The consumer bears the cost of return shipping, including returns to China.
Payments already made will be refunded within 14 days after receipt of the returned goods or after proof of shipment has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded for products:
Made to consumer specifications;
Clearly personalised;
Which cannot be returned due to their nature;
That can spoil or expire quickly;
Whose price depends on fluctuations in the financial market;
Newspapers and magazines;
Audio/video/software products with broken seals;
Hygiene products with broken seals.

And for services:
Accommodation, transport, catering, leisure with a fixed date or period;
Where performance has begun with consumer’s explicit consent before the withdrawal period ended;
Betting and lotteries.

Article 9 – Price

During the period stated in the offer, prices will not increase except for VAT changes.
Price increases due to market fluctuations are permitted if clearly stated.
Increases within 3 months are only allowed if required by law.
After 3 months only if agreed and if the consumer may cancel.
Deliveries are made outside the EU; therefore, Carters Boutique does not charge VAT – import duties are collected by the importing authority.
Typographical errors reserved. Mistakes do not bind the trader.

Article 10 – Conformity and Guarantee

Carters Boutique guarantees that products comply with the contract, are fit for purpose, and meet legal requirements.
Defects or incorrect deliveries must be reported in writing within 14 days.
Products must be returned in original packaging.
The warranty period is equal to that of the manufacturer.
The warranty does not apply in cases of misuse, unauthorised modifications, or defects caused by regulations.

Article 11 – Delivery and Execution

Carters Boutique will process orders with due care.
Delivery takes place at the address provided by the consumer.
Execution will take place within 14 days unless otherwise agreed. In the event of a delay, the consumer is not entitled to cancel the order or claim a refund. A refund is only possible once the goods have been returned to the supplier.
If delivery is impossible, a substitute product may be offered. Return costs are at all times the responsibility of the consumer. More details can be found in our Return Policy.
Risk passes to the consumer upon receipt.

Article 12 – Duration, Termination, Renewal

Contracts for indefinite duration may be terminated with one month’s notice.
Fixed-term contracts end automatically after the agreed term and may be cancelled with one month’s notice.
Renewals are only possible for newspapers and magazines (max. 3 months) or indefinite contracts with termination rights.
Trial subscriptions end automatically.

Article 13 – Payment

Payment is due within 7 working days after the cooling-off period starts.
The consumer must immediately report errors in payment details.
In case of late payment, pre-agreed costs may be charged.

Article 14 – Complaints Procedure

Complaints must be submitted in writing within 7 days after discovery.
Responses will be given within 30 days or with an indication of the expected timeframe.
Unresolved complaints are considered disputes.

Article 15 – Disputes

Only Dutch law applies, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced in 2024 under the “Act amending the Turnover Tax Act 1968 (implementation of the Payment Services Directive)” and the establishment of the Central Electronic System of Payment Information (CESOP), payment service providers may register certain cross-border payment transactions within the EU.
This means that payment data relating to specific cross-border transactions may be reported to tax authorities. The aim is to combat tax fraud and VAT evasion.
Carters Boutique complies with these legal requirements. Customers are hereby informed that their payment data – where applicable – may be recorded and reported by their payment service provider under CESOP rules.