Terms and Conditions

Terms of Service - Susan & Mary Charleston

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off Period: The period within which the consumer can exercise their right of withdrawal;
• Consumer: A natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
• Ongoing Contract: A distance contract concerning a series of products or services, with obligations spread over time;
• Right of Withdrawal: The consumer’s option to withdraw from the distance contract within the cooling-off period;
• Entrepreneur: The natural or legal person offering products or services remotely to consumers;
• Distance Contract: A contract concluded between the entrepreneur and the consumer using remote communication techniques;
• CESOP: The Central Electronic System of Payment Information introduced by the EU to monitor payment service providers.

Article 2 – Identity of the Entrepreneur

• Business Name: Susan & Mary Charleston
• Chamber of Commerce registration number: 95505164
• VAT Number: 005157514B51
• Customer Service Email: info@susanmarycharleston.com
• Business Address: Available upon request

Article 3 – Applicability

These general terms and conditions apply to every offer by the entrepreneur and every concluded distance contract. Before the agreement is finalized, the terms are made available electronically or otherwise.

Article 4 – The Offer

• Offers are non-binding. The entrepreneur reserves the right to modify offers.
• The offer clearly specifies total costs, including shipping fees, customs duties, and any additional charges collected by the postal or courier service.

Article 5 – The Agreement

The agreement is established once the consumer accepts the offer and complies with the specified terms. The entrepreneur will confirm acceptance immediately via email.

Article 6 – Right of Withdrawal

• Consumers have the right to withdraw from the contract within 14 days of receiving the product without providing a reason.
• Return shipping costs are borne by the consumer when exercising the right of withdrawal.

Article 7 – Costs in Case of Withdrawal

The entrepreneur will reimburse payments within 14 days of the withdrawal, provided the product is returned in its original condition.

Article 8 – Customs, Import Duties, and VAT Liability

8.1
All goods offered and sold through this website are shipped under the delivery term Delivered Duty Unpaid (DDU), as defined under the Incoterms 2000. This means that the customer is solely and fully responsible for all costs and obligations arising from the importation of the goods into the destination country.

8.2
Such obligations include, but are not limited to:
(a) payment of import duties, value-added tax (VAT) or goods and services tax (GST), and other taxes or levies applicable at the point of entry;
(b) customs clearance costs, including any brokerage, inspection, or handling fees imposed by customs authorities, postal carriers, or courier services; and
(c) compliance with local laws, product regulations, restrictions, and required certifications in the country of delivery.

8.3
The seller (referred to as “the entrepreneur”) does not act as the importer of record for any order. Legal title and responsibility for the goods transfer to the customer upon shipment. The entrepreneur is not liable for any delays, seizures, refusals, or fines arising from the customer’s failure to comply with applicable import laws or settle required fees.

8.4
The entrepreneur provides the necessary commercial documentation for international shipment (including, where required, a pro forma or commercial invoice, product description, and declared value). However, the entrepreneur does not guarantee that the documentation or goods will meet specific regulatory or technical import requirements in the country of destination. The customer is solely responsible for verifying whether the ordered goods are permitted for import, restricted, or require special permits or licenses.

8.5
The customer agrees to indemnify and hold the entrepreneur harmless from any financial consequences, claims, penalties, or charges imposed by customs authorities or third parties as a result of the customer’s non-compliance with applicable import regulations.

8.6
It is strongly advised that customers contact their local customs authority or consult relevant import guidelines prior to placing an order, to avoid any unexpected charges, delays, or refusals at the border.

Article 9 – CESOP Compliance

From 2024, payment service providers will register transaction data in the CESOP system (Central Electronic System of Payment Information) as per EU regulations. The entrepreneur complies with these regulations, which may impact the monitoring and reporting of payments.

Article 10 – Conformity and Warranty

• The entrepreneur ensures that the products meet the agreement and legal requirements.
• Complaints about defects must be reported in writing within 14 days.
• Products must be returned in their original packaging and condition.

Article 11 – Delivery

• Orders are delivered within 30 days unless otherwise agreed.
• In case of delays, the entrepreneur will inform the consumer within 14 days of the order date. 
• Orders are shipped under terms that make the customer the recipient and responsible party for any import-related processes.
• The entrepreneur ensures that products are dispatched in compliance with international shipping regulations but bears no responsibility for delays or issues arising during customs clearance.
• Any failure by the customer to comply with import obligations does not constitute grounds for cancellation or refund of the order.

Article 12 – Complaint Resolution

• Complaints must be submitted in writing within 7 days of discovering the issue.
• The entrepreneur will respond to complaints within 14 days. If a longer resolution time is required, the entrepreneur will provide an estimated timeline.

Article 13 – Disputes

These terms and conditions are governed by Dutch law. Disputes will preferably be resolved amicably. If necessary, disputes will be submitted to the competent court in the Netherlands.