Terms and Conditions – SarahClaireOttawa
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer can exercise their right of withdrawal.
Consumer: any natural person who is not acting in the course of a profession or business and who enters into a distance contract with SarahClaireOttawa.
Day: calendar day.
Continuous performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a period of time.
Durable medium: any instrument that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.
Right of withdrawal: the right of the consumer to cancel the distance contract within the cooling-off period.
Trader: SarahClaireOttawa, the natural or legal person offering products and/or services to consumers at a distance.
Distance contract: a contract concluded within the framework of an organized system for distance selling operated by SarahClaireOttawa, using exclusively one or more means of distance communication.
Means of distance communication: any means that can be used to conclude a contract without the consumer and trader being physically present at the same time.
Terms and conditions: these general terms and conditions of SarahClaireOttawa.
Article 2 – Applicability
These terms and conditions apply to every offer made by SarahClaireOttawa and to every distance contract concluded between SarahClaireOttawa and the consumer.
Before the contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated where the terms can be inspected and that they will be sent free of charge upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the consumer may invoke the provision most favorable to them in case of conflict.
If any provision is wholly or partially void, the remainder of the agreement shall remain in force, and the provision concerned shall be replaced by one that approximates the original intent as closely as possible.
Article 3 – The Offer
Offers are non-binding and may be amended by SarahClaireOttawa.
The offer contains a complete and accurate description of the products and/or services offered.
Obvious mistakes or errors in the offer do not bind SarahClaireOttawa.
Images are for illustrative purposes only and no rights may be derived from them.
The offer contains sufficient information to make clear to the consumer what their rights and obligations are upon acceptance, including the price inclusive of taxes, any shipping costs, method of payment and delivery, and the right of withdrawal.
Article 4 – Conclusion of the Contract
The contract is concluded at the moment the consumer accepts the offer and complies with the stipulated conditions.
In the case of electronic acceptance, SarahClaireOttawa will promptly confirm receipt thereof.
SarahClaireOttawa will take appropriate technical and organizational measures to secure electronic transactions.
SarahClaireOttawa reserves the right to refuse orders or impose additional conditions if there are valid reasons to do so.
Article 5 – Right of Withdrawal
The consumer has the right to withdraw from the contract within 14 days of receiving the product, without stating reasons.
The withdrawal period begins on the day after the consumer, or a third party designated by the consumer in advance, receives the product.
If the consumer has not been properly informed about the right of withdrawal, the withdrawal period shall be extended up to a maximum of 12 months.
Article 6 – Obligations of the Consumer During the Cooling-Off Period
During the cooling-off period, the consumer shall handle the product and its packaging with care.
The product may only be used in the same way it would be allowed in a physical store.
The consumer is liable for any diminished value resulting from handling beyond what is necessary.
Article 7 – Exercising the Right of Withdrawal and Return Costs
The consumer must notify SarahClaireOttawa of the withdrawal within the cooling-off period.
After notification, the consumer has 14 days to return the product.
The product must be returned, as far as possible, in its original condition and packaging.
➡️ Return shipping costs are borne by the consumer, unless explicitly agreed otherwise.
Article 8 – Obligations of SarahClaireOttawa in Case of Withdrawal
SarahClaireOttawa shall reimburse all payments made by the consumer, including standard delivery costs, within 14 days after receiving the returned product or proof of return shipment.
Article 9 – Exclusion of the Right of Withdrawal
The right of withdrawal may be excluded for, among others:
- Custom-made products
- Sealed products that cannot be returned for hygiene reasons
- Products that spoil quickly
- Digital content not supplied on a tangible medium after explicit consent
Article 10 – Prices
All prices include statutory VAT.
Price changes are permitted if they result from statutory regulations.
Article 11 – Conformity and Warranty
SarahClaireOttawa guarantees that products comply with the agreement.
Any additional guarantees provided do not affect the consumer’s statutory rights.
Article 12 – Delivery and Execution
Delivery shall take place at the address provided by the consumer.
SarahClaireOttawa will exercise the utmost care in processing and shipping orders.
The risk of damage or loss rests with SarahClaireOttawa until the moment of delivery.
Article 13 – Continuous Performance Contracts
Contracts concluded for an indefinite period may be terminated with a notice period of no more than one month.
Renewal of fixed-term contracts shall only take place if agreed in advance and clearly communicated.
Article 14 – Payment
Payment must be made within the specified term.
The consumer is obliged to report inaccuracies in provided payment details immediately.
Article 15 – Complaints Procedure
Complaints must be submitted within 7 days after the issue has been identified.
SarahClaireOttawa will respond to complaints within 14 days.
Article 16 – Disputes
Contracts between SarahClaireOttawa and the consumer are governed by Dutch law.
The Vienna Sales Convention (CISG) is excluded.
Article 17 – Delivery via External Suppliers and Import
SarahClaireOttawa may, in some cases, deliver products via external suppliers. This may mean that products are shipped directly from a country outside the Netherlands or the European Union.
In such cases, the trader does not handle import clearance within the Netherlands. Any import duties, VAT, or other customs charges imposed by competent authorities upon delivery are not included in the purchase price and, where applicable, are borne by the consumer.
Although SarahClaireOttawa strives for careful and timely delivery, delays or additional costs may arise due to customs inspections, import procedures, or local regulations. Such circumstances are beyond the trader’s control and cannot be attributed to SarahClaireOttawa.
Article 18 – Deviating Provisions
Deviations from these terms and conditions are only valid if expressly agreed in writing or via a durable medium and provided that they are not detrimental to the consumer.