Terms and Conditions
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
-
Withdrawal period: the period within which the consumer may exercise the right of withdrawal.
-
Consumer: a natural person who is not acting for purposes related to a trade, business, craft, or profession and who enters into a distance contract with the entrepreneur.
-
Day: a calendar day.
-
Continuing contract: a distance contract for a series of products and/or services, the supply and/or purchase obligations of which are spread over time.
-
Durable medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future reference and unchanged reproduction of the stored information.
-
Right of withdrawal: the consumer’s right to withdraw from the distance contract within the withdrawal period.
-
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
-
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance sales of products and/or services, whereby exclusive use is made of one or more means of distance communication.
-
Means of distance communication: any means that can be used to conclude a contract without the simultaneous physical presence of the entrepreneur and the consumer.
-
Terms and Conditions: these general terms and conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Company name: Claudia’s Boutique Charleston
Trade name: claudiasboutique.com
Business registration number: MW Enterprise
VAT ID: US004272126B90
Customer service email: info@claudiasboutique.com
Business address: 123 King Street, Charleston, SC, United States
Article 3 – Scope
These Terms and Conditions apply to every offer made by the entrepreneur, as well as to all distance contracts and orders concluded between the entrepreneur and the consumer.
Before concluding a distance contract, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed that the Terms and Conditions can be viewed at the entrepreneur’s premises or will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, these Terms and Conditions may be provided to the consumer in such a way that they can be easily stored on a durable medium.
If specific product or service conditions also apply, the above provisions shall apply accordingly, and in the event of conflicting terms, the consumer may always rely on the provision that is most favorable to them.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in effect. The invalid provision will be replaced by a valid one that best matches the original intent.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
All offers are non-binding. The entrepreneur reserves the right to modify or withdraw an offer.
The offer shall include a complete and accurate description of the products and/or services offered. Images used by the entrepreneur shall provide a truthful representation of the products and/or services. Obvious errors or mistakes do not bind the entrepreneur.
Each offer shall clearly state:
-
The price (excluding customs duties and import taxes, which are the responsibility of the consumer)
-
Any shipping costs
-
The manner in which the agreement will be concluded and the necessary steps
-
Whether a right of withdrawal applies
-
Payment, delivery, and performance conditions
-
The period for accepting the offer or the period during which the entrepreneur guarantees the price
-
The means of distance communication used
-
Whether the contract will be archived and how it can be accessed
-
The languages in which the contract may be concluded
-
Any applicable codes of conduct and how the consumer can access them
-
The minimum duration of the contract in the case of continuing obligations
Article 5 – The Contract
The contract is concluded when the consumer accepts the offer and meets its terms.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. Until this confirmation is received, the consumer may withdraw from the contract.
The entrepreneur shall take appropriate technical and organizational measures to secure electronic data transmission and ensure a safe online environment. If the consumer can pay electronically, the entrepreneur will provide secure payment methods.
The entrepreneur may check the consumer’s ability to meet payment obligations and other relevant facts necessary for a responsible conclusion of the contract. If the entrepreneur has valid reasons not to enter into the contract, they may refuse an order or attach special conditions to its execution.
The entrepreneur will provide the consumer, at the latest upon delivery, with the following information:
-
The address to which complaints can be submitted
-
Information on how and under which conditions the right of withdrawal can be exercised, or a statement that the right does not apply
-
Warranty and customer service details
-
Terms for contract termination in the case of a contract with a duration longer than one year
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to withdraw from the contract within 30 days without stating a reason.
The withdrawal period begins the day after the consumer receives the product.
During this period, the consumer shall handle the product and its packaging carefully and only unpack or use it to the extent necessary to establish its nature, characteristics, and functioning.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur in writing (e.g., by email) within 30 days and return the product within 30 days thereafter. Proof of timely return must be provided.
If the consumer does not notify or return the product within these periods, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, they shall bear the full cost of return shipping, including international return costs (e.g., to the supplier’s origin country).
If the consumer has already made a payment, the entrepreneur will refund the amount as soon as possible, but no later than 30 days after the returned item has been received or proof of return has been provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for certain products or services, provided this was clearly stated in the offer before the contract was concluded.
Exclusion applies to products:
-
Made to the consumer’s specifications
-
Clearly personal in nature
-
That cannot be returned due to their nature
-
That perish or age rapidly
-
Whose price depends on market fluctuations
-
Newspapers or magazines
-
Audio/video recordings or software once unsealed
-
Hygiene items once unsealed
Exclusion may also apply to services related to accommodation, transport, catering, or leisure with a specific date or period.
Article 9 – Prices
Prices will not be increased during the validity period of the offer except as a result of legal changes such as VAT adjustments.
All prices exclude import VAT and customs duties, which are payable by the consumer to the shipping carrier upon delivery.
claudiasboutique.com does not charge VAT, as the delivery is considered outside the EU.
All prices are subject to printing or typographical errors. In the event of an error, claudiasboutique.com is not obliged to honor the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products comply with the contract, the stated specifications, and legal requirements of reliability and usability.
Defective or incorrectly delivered products must be reported in writing within 30 days of delivery.
Returns must be in original packaging and new condition.
The warranty period matches that of the manufacturer.
The warranty becomes void if the consumer alters, misuses, or improperly handles the product.
Article 11 – Delivery and Execution
The entrepreneur shall exercise due care in processing and fulfilling product orders.
The delivery address is the address provided by the consumer.
Orders will be fulfilled as soon as possible, within 30 days at the latest, unless otherwise agreed. If a product cannot be delivered within this period, the consumer will be informed and may cancel the contract free of charge.
If delivery is impossible, a replacement product of equal value may be provided.
If so, the right of withdrawal still applies.
The risk of damage or loss remains with the entrepreneur until delivery to the consumer.
Article 12 – Continuing Contracts: Term, Termination, and Renewal
The consumer may terminate an indefinite contract for recurring deliveries at any time with a notice period of one month.
Fixed-term contracts may be terminated at the end of the agreed term with a notice period of one month.
Contracts may not be renewed automatically unless the consumer can cancel at any time with one month’s notice.
Article 13 – Payment
Unless otherwise agreed, all payments must be made within 7 business days after the start of the withdrawal period.
The consumer must immediately report any inaccuracies in payment data.
In case of non-payment, claudiasboutique.com may charge reasonable collection costs as permitted by law.
Article 14 – Complaints Procedure
Complaints about product or service performance must be submitted clearly and in writing within 7 days after discovery of the issue.
All complaints will be responded to within 30 days.
If more time is needed, the consumer will be notified accordingly.
If a complaint cannot be resolved amicably, it will be treated as a dispute subject to applicable legal procedures.
Recognized complaints will result in a free replacement or repair.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer are governed exclusively by U.S. law (State of South Carolina), even if the consumer resides abroad.