Terms and Conditions
Terms and Conditions applicable to Heart to Get Boutique and it’s Heart to Get Boutique Webshop:
Article 1. Applicability
1.1 These terms and conditions apply to all offers, orders and agreements of Heart to Get Boutique
1.2 The acceptance of an offer or the placing of an order means that you accept the applicability of these terms.
1.3 The provisions in these Conditions may be waived only in writing, in which case the other provisions remain in full force.
1.4 All rights and claims, as made in these Conditions and any further agreements for Heart to Get, are also stipulated for intermediaries and other third parties enabled by Heart to Get.
1.5 Heart to Get Boutique is holder under name Deckers Creative Concepts BV and Chamber of Commerce no. 64289346.
Article 2. Offers / agreements
2.1 All offers of Heart to Get Boutique are without conditions and restrictions and Heart to Get Boutique emphasizes it reserves the right to change prices, particularly when this is necessary because of (legal) requirements.
2.2 An agreement is only concluded after acceptance of your order by Heart to Get Boutique. Heart to Get Boutique is entitled to refuse orders or apply certain conditions to the delivery, unless specifically stated otherwise. If an order is not accepted, Heart to Get Boutique will make this known within 10 (ten) business days after receipt of the order and make refunds if applicable.
Article 3. Prices and payment
3.1 The prices mentioned for the products and services are in Euro, including VAT and excluding delivery and handling, taxes or other charges unless otherwise specified or agreed in writing.
3.2 Payment may be done via the following payment options: iDeal, Credit Card, and PayPal. All payments go via Payment Gateway Mollie, who supplies secure payment transactions.
3.3 If you fail to meet the agreed payments, Heart to Get is entitled to suspend, or dissolve the (implementation of the) agreement and related agreements.
3.4 If the prices of the products and services increase in the period between the order and its implementation, you are entitled to cancel the order or to dissolve the agreement within 10 (ten) days after the notice of the price increase has been given by Heart to Get Boutique
Article 4. Delivery
4.1 The delivery times Heart to Get Boutique has mentioned are merely indicative. Exceeding the delivery times does not give you any right to compensation nor the right to cancel your order or dissolve the agreement, unless the delay in the delivery is more than 30 business days, in case you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement should that be necessary.
4.2 The delivery of the products will occur in the place and at the time when the products are ready for shipment to you.
Article 5. Reservation of ownership
5.1 The ownership of the delivered products is not transferred until you have met all the obligations to Heart to Get Boutique as associated with any agreement. The risk of the products is already transferred to you at the time of delivery.
Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights attached to the products Heart to Get Boutique has delivered.
Article 7. Claims and liability
7.1 You have the obligation to examine whether or not the products meet the terms of the agreement at delivery. If this is not the case, you must inform Heart to Get Boutique – with motivation and in writing or by email- as soon as possible and in any event within 7 (seven) business days after delivery, at least after the finding was reasonably possible. For consumers, a period of 14 (fourteen) days applies.
7.2 If proof has been given that the products do not meet the terms of the agreement, Heart to Get Boutique can choose to either replace the products by new products or refund the value of the invoice.
7.3 If for whatever reason you do not wish to purchase a product, you – as an individual – have the right to return the product to Heart to Get Boutique within 7 (seven) business days after delivery. For consumers, a period of 14 (fourteen) days applies. In this case return delivery can only be accepted if the packaging of the product is undamaged and the product is in its original state. In addition, the costs for the return delivery are your responsibility.
Article 8. Guarantee
8.1 If Heart to Get Boutique delivers the products to the customer, Heart to Get Boutique can never be held to a guarantee if Heart to Get Boutique cannot claim the guarantee with its suppliers. The warranty will always be limited to the maximum product value clearly indicated on the invoice.
Reclamations due to observable defects must, as specified in the conditions of the agreement but no later than 7 (seven) days after receipt of the products, be made in writing. For consumers, a period of 14 (fourteen) days applies. Reclamations Heart to Get Boutique receives after this period, do not have to be processed by Heart to Get Boutique.
Article 9. Orders / communication
9.1 For orders or announcements that are misunderstood, mutilated, delayed or otherwise not received properly because of the use of the internet or other means of communication between you and Heart to Get Boutique or between Heart to Get Boutique and third parties, insofar as it relates to the relationship between you and Heart to Get Boutique, Heart to Get Boutique is not liable, unless Heart to Get Boutique is guilty of intent or gross negligence.
Article 10. Force Majeure
10.1 Without prejudice to the other rights Heart to Get Boutique has, in case of force majeure, the right to choose to suspend or terminate the execution of your order or dissolve the agreement without judicial intervention by giving you notice in writing and without being obliged to give any form of compensation, unless this in the circumstances, to standards of reasonableness and fairness would be unacceptable.
10.2 Force majeure shall mean any shortcoming Heart to Get Boutique is not accountable for, because Heart to Get Boutique is not to blame and cannot be held responsible according to law, jurisdiction or common views.
Article 11. Miscellaneous
11.1 If you – in writing – provide Heart to Get Boutique with an address, Heart to Get Boutique is entitled to send all orders to that address, unless you provide Heart to Get Boutique with another address to which you orders need to be delivered. The shipping address is decisive for the value added tax regulations of the European Union.
11.2 When Heart to Get Boutique for a short or longer time – whether or not silently – allows deviations from these conditions, it does not diminish the right of Heart to Get Boutique to demand immediate and strict compliance with these Conditions. You can never derive any rights on the grounds that Heart to Get Boutique applies these Conditions smoothly.
11.3 If one or more of the provisions of these Conditions or any other agreement with Heart to Get Boutique is in conflict with any applicable legal provision, the provision concerning shall be deleted and Heart to Get will replace it with a new provision that is legally permissible.
11.4 Heart to Get Boutique is entitled to use third parties for the execution of your order(s).
Article 12. Applicable law and jurisdiction
12.1 To all rights, obligations, offers, orders and agreements to which these Conditions apply, and to these conditions, only Dutch law applies.
12.2 All disputes between parties will be submitted to therefore appointed court in the Netherlands.
ADDITIONAL TERMS ON HEARTTOGETJEWELRY.COM
All designs on this website are property of Heart to get Boutique and may not be copied, reproduced, adapted or distributed. As your product will be custom made, we will need +/- 25 working days to make, finish and ship it out. We will keep you notified by email.
LIMITATION OF LIABILITY
The information and content provided on the Site and your access of the Site does not create any relationship between you and Heart to Get. ALL INFORMATION AND CONTENT ON OR OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. HEART TO GET DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY ERROR OR DEFECTS WILL BE OR CAN BE CORRECTED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS. HEART TO GET SHALL NOT IN ANY EVENT BE LIABLE TO ANY USER OR TO ANY THIRD PARTY FOR ANY DIRECT DAMAGES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR FOR LOSS OF INCOME, BARGAIN, REVENUE, CONTRACTS, GOODWILL, USE, ENJOYMENT, TIME, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE WHATSOEVER (BUT NOT TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIABILITY EXCLUSIONS OR LIMITATIONS FOR INTENTIONAL TORTS, GROSS NEGLIGENCE, DAMAGES ARISING OUT OF PRODUCT LIABILITY OR OTHER FAULT BASES), NOR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THE SITE, OR THE INFORMATION OR CONTENT, IRRESPECTIVE OF THE BASIS FOR SUCH CLAIM. UNDER NO CIRCUMSTANCE CAN HEART TO GET BE HELD LIABLE FOR ANY PRODUCT DEFECTS OR SPECIFICATIONS HAVE BEEN REQUESTED/ANALYZED IN THE QUOTATION PHASE. THE LIABILITY OF HEART TO GET VIS-À-VIS YOU FOR REAL AND PROVEN DAMAGE WILL, REGARDLESS THE GRAVITY OF THE FAILURE, BE LIMITED TO THE PRICE OF THE PRODUCT DIRECTLY RELATED TO THE REASON OF THE CLAIM.
DATA PROTECTION AND PRIVACY
By submitting orders:
you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details (“Personal Data”), in accordance with the terms of Heart to Get; subject to the situation that these Personal Data are required to process your order and to fulfill our legal obligations.
you acknowledge that the processing of your Personal Data is necessary for the performance of the contract and you consent to such processing.
In certain circumstances Heart to Get may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to Heart to Get it shall also be regarded as “Personal Data”. The Personal data are collected by Heart to Get in order to:
fulfill its obligations under any sale and purchase contract and any other contract with you
ask your opinions on its products and services
provide you with the latest products and services information
improve the products and services for you
do not use Personal Data other than for the purposes permitted
obtain and process Personal Data only on condition that they secure that Personal Data from unauthorized use and adopt and comply with similarly stringent policies and terms on Personal Data protection and use
comply strictly with applicable laws
GOVERNING LAW, JURISDICTION
The sale of products and these terms shall be governed by and construed under the laws of the Netherlands. All disputes will be submitted to the exclusive jurisdiction of the Courts of Amsterdam.
OTHER – GENERAL
No omission or delay on the part of any party to insist on strict performance of any terms, or in exercising any right, power or remedy under these terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these terms shall be a waiver of any subsequent breach of that or any other term.
Circumstances beyond our reasonable control
Heart to Get Boutique will make every effort to perform its obligations under these terms. However, Heart to Get Boutique is not liable in case of force majeure. Force majeure implies any circumstance beyond the control of Heart to Get Boutique – even if this circumstance was foreseeable at the time the agreement was concluded – which permanently or temporarily prevents fulfillment of the agreement, including in particular transport failure, strikes, terrorist acts, war, supplier/transport issues, governmental or regulatory action and natural disasters. In the event of a delay, Heart to Get Boutique will perform our obligations as soon as reasonably possible.
If all or any part of one or more of these terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, be deemed not to form part of the contract. The legality, validity or enforceability of the remainder of these terms or the remaining parts of the relevant term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired. If any part of this disclaimer is held to be invalid, the remaining models will continue to be valid and enforceable. If you have any questions or comments regarding the Site, please contact us by email at firstname.lastname@example.org
This website is the property of Heart to Get B.V.
Heart to Get Boutique
Korte Brugstraat 2
4811 ZA Breda
By accessing and using the website you express your explicit agreement with the following general terms and conditions. Heart to Get Boutique reserves the right to alter or delete material from the website at any time, and Heart to Get Boutique may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this website by updating it. Such modifications shall be deemed effective immediately upon posting on Heart to Get Boutique’s website. Any continued use of the website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of Heart to Get Boutique and other policies.
Use of “cookies”
Intellectual property rights
These websites www.hearttogetjewelry.com and their contents are protected by copyright and other intellectual property rights. You may print the texts for private use; they may only be distributed with Heart to Get Boutique’s consent. You may quote them (without any modification) provided that you always refer to the authentic source. You may reproduce a part of them provided that you always refer to the authentic source, except for commercial purposes, in which case reproduction, even with specification of the source, is not allowed without Heart to Get Boutique’s express consent. All the trademarks used on the website are the property of their respective holders. You are prohibited from altering, damaging or defacing the website or adding any unauthorized material or to attempt to alter, damage or deface the website or add any unauthorized material.
Intellectual property policy
Heart to Get Boutique encourages intellectual property rights owners to contact Heart to Get Boutique if they believe that a user of the Heart to Get Boutique service has infringed their rights. For this reason, if you let us know that your rights are being infringed by one of the Heart to Get Boutique users, Heart to Get Boutique will verify your claim and will (in its discretion) require that the user’s content is removed from products and, if the user continues to infringe your rights (or infringes the rights of others) terminate the user’s access to our services.
User Contributed Content/Comments
You are solely responsible for the content that you upload, publish or display (hereinafter, “post”) on or through the Site, or transmit to or share with or allow to be shared with other users (collectively the “User Content”). You may not post, transmit, share or allow to be shared User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that Heart to Get m Boutique may, but is not obligated to, review the Site and that Heart to Get Boutique may delete or remove (without notice) any Site content or User Content. Heart to Get Boutique will remove any posts which are offensive, which contain unlawful or impermissible content or which promotes an illegal copy of another person’s copyrighted work. You acknowledge that by sending to the Site and Heart to Get Boutique any information or material, in whatever form, you grant to Heart to Get Boutique and to any visitor of the Site a nonexclusive, worldwide and royalty-free license to use, execute, reproduce, display, perform, modify, create or have created derivative works of, transmit and distribute, internally and/or externally, and sublicense, in any medium or distribution technology, without accounting to you, including the right to grant any or all of the foregoing rights and licenses to others. You acknowledge that electronic communications, databases and websites are subject to errors, malfunctions, tampering and break-ins, will not be liable for any such occurrences. You shall be solely responsible for ensuring that any information or content downloaded from the Site or any other website accessed from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and you shall indemnify, defend and hold Heart to Get Boutique harmless from any liability, claim, cost or damage arising out of any third-party claim or suit caused by such virus or code or subroutine.
Heart to get Boutique provides users with a set of complete e-commerce tools needed to personalize and order a wide variety of products featuring their idea. Therefore, the content of Heart to Get Boutique is partly created by users of service, offered by Heart to Get Boutique, and the hosting of the content by Heart to Get Boutique does not in any way reflect the opinions and views of Heart to Get Boutique. The information specified on this website is only intended for general information purposes. Due to the changing nature of laws and regulations and the intrinsic risks of electronic communication, there may be delays, defects or other inconsistencies in the information provided on this website. The information provided on this website may not be considered as legal or other professional advice. Accordingly no actions should be taken based on this information without prior expert advice. Although Heart to Get Boutique aspires to the greatest precision possible in the compilation and maintenance of the information provided on this website, Heart to Get Boutique cannot guarantee that this information is exact, complete and correct. Heart to Get further assumes no liability or responsibility for any errors or omissions in the content of the website. The use of the website is at your own risk. Neither Heart to Get Boutique nor any other party involved in creating, producing or delivering the website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing in the website. This includes damages to, or arising out of viruses that may infect, your computer equipment or other property. Heart to Get Boutique makes no representations or warranties regarding the condition or functionality of this website, its suitability for use, or that this web service will be uninterrupted or error-free. Without limiting the foregoing, everything on the website is provided to you “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
From our website, you can visit other websites by following hyperlinks to these sites. While Heart to Get Boutique strives to provide only links to useful and ethical websites, it has no control over the content and nature of these sites and the links to other websites does not imply a recommendation for all the content found on these websites. Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Heart to Get therefore advises users to check these themselves and consult the privacy clause that is compulsory on every website. Heart to Get Boutique reserves the right to alter or delete material from the website at any time, and Heart to Get Boutique may, at any time, revise the terms and conditions, the legal disclaimer or other policies set forth in this website by updating it. Such modifications shall be deemed effective immediately upon posting on Heart to Get Boutique’s website. Any continued use of the website shall be deemed conclusive of your acceptance of the modified terms and conditions, the legal disclaimer of Heart to Get Boutique and other policies.