Terms & Conditions
Welcome to WWW.BALLETONIST.COM
You are cordially invited to shop in our Online Boutique – 24 hours a day, 7 days a week.
While we endeavour to ensure that the website is available 24 hours a day, we shall not be liable if, for any reason, the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for other reasons beyond our control.
These General Business Terms shall apply to all contracts entered into between BALLETONIST (head office based in Amsterdam, The Netherlands) (“BALLETONIST”, “we”, “us” and “our”) and its consumers for the purchase of products (the “Products”) via the WWW.BALLETONIST.COM (the “website”). BALLETONIST is registered at the Dutch Chamber of Commerce (COC number 67666310, VAT number: NL150233747B01). Email: firstname.lastname@example.org. Instagram: https://www.instagram.com/balletonist. Facebook: https://www.facebook.com/Balletonist-335318066867321
These General Business Terms shall apply in place of, prevail over and supersede any other terms and conditions contained or referred to elsewhere (whether in correspondence or otherwise) or implied by trade, custom, practice or course of dealings, unless specifically agreed to in writing by us or our authorised representative. Any purported provisions to the contrary are hereby excluded. When placing an order at BALLETONIST you agree to our terms and conditions. Please review the following basic terms that govern your use of, and purchase of, products from our website. Please note that your use of our website constitutes your agreement to follow and be bound by those terms (the “Agreement”). We may, from time to time, change the terms that govern your use of our website. We may change, move or delete portions of, or may add to, our website. Your use of our website following any such change constitutes your agreement to follow and be bound by the terms as changed. This website is controlled and operated by BALLETONIST from its head office in Amsterdam, The Netherlands. This Agreement shall be construed in accordance with the laws of the Netherlands, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of The Netherlands. You must be aged eighteen (18) years or older to purchase any Products made available via the BALLETONIST Online Boutique.
The prices shown in the shopping basket before the order is confirmed shall apply exclusively to the Products ordered via the BALLETONIST Online Boutique. All prices include the applicable rate of value added tax. Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country outside the EU will be charged for the Import duty or tax costs directly from DHL, DPD, UPS or other. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. If a pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing we are under no obligation to provide the Product to you at the incorrect (lower) price, even if we have already sent you confirmation of your order. We will tell you of the correct price and you may decide whether to cancel your order or order the Product at the correct price.
Share of Shipment Costs
Shipment charges, details of which are set out in Shipping Costs, do not include express surcharges. If you for any reason refuse delivery, or are unavailable or unable to take the time despite reasonable attempts by the courier company, your item will be returned to BALLETONIST and you will be charged for the unpaid duties & additional shipping costs. Unfortunately, currently we cannot deliver orders to PO boxes or BFPO addresses
By clicking on the button “send order” at the end of the order process you submit an offer to purchase the Products from BALLETONIST. After you place your order, we will confirm receipt of your order both on the following Internet page as well as via e-mail to the email address that you submit during the order process. Neither represent any acceptance of your offer, but will merely confirm receipt of your order. Your order constitutes an offer to us to buy the Product(s). All orders are subject to acceptance by BALLETONIST and if we are able to accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product(s) has been dispatched to you. The contract will only be concluded between BALLETONIST and you when we dispatch the ordered Product(s) to you and inform you thereof by e-mail, even if you have already made an advance payment by bank transfer in respect of the Products. We will endeavour to dispatch and thereby accept your order within a period of fourteen working days after receipt of the order. Saturdays and Sundays are not considered to be working days. We will only be obliged to supply those Products whose dispatch we confirm to you by such dispatch email. We will not be obliged to supply any other Products which may have been part of your order but which are not specifically confirmed in such dispatch email unless or until the dispatch of such Product has been confirmed in a separate dispatch email. BALLETONIST is entitled to reject your order in full or in part for any reason (including, without limitation, unexpected delivery difficulties or a negative credit check assessment). If you have already made an advance payment in respect of any Products and we are unable to dispatch and thereby accept your order, we will of course reimburse you such advance payments in full.
Reservation of Title
We shall retain ownership and title to the Products until payment of the purchase price has been received in full. Until ownership of the Products has passed to you, you: (a) shall hold the Products on a fiduciary basis as our bailee; (b) undertake to treat the Products carefully and maintain the Products in satisfactory condition; and (c) shall not destroy, deface or obscure any identifying mark or packaging on or relating to the Products. Your right to possession of the Products shall terminate immediately if: (a) you are adjudicated bankrupt, enter into administration or liquidation or otherwise become insolvent; (b) you encumber or in any way charge any of the Products; or (c) you are found to be in breach of contract, for example by defaulting on your payment obligations. You hereby grant to us and our authorised representative an irrevocable licence at any time to enter any premises where the Products are or may be stored in order for us to recover the Products where your right to possession has terminated.
Delivery, Passing of Risk
Subject to our acceptance of your order and the relevant Products being in stock, BALLETONIST shall wherever possible send the Products to you promptly after receipt of your order. Therefore, you will receive the Products as soon as possible but by no later than after 30 days from the day after the day when you send us your order. If the stated delivery deadline cannot be observed we will inform you of such by no later than the expiry of the 30 day deadline and you shall have the option of whether to leave the order in place or cancel the order. Any times and dates stated for delivery are estimates only. We will make reasonable efforts to deliver the Products within the time specified, but we do not accept liability for any failure to deliver within that time. We will inform you by e-mail when the Products are dispatched to you from our warehouse. The Products shall be at your risk from the time when the Products are delivered to you.
Warranty & Damages
BALLETONIST exclusively collaborates with premium brands that are known for the quality, reliability and comfort of its Products. Each Product is inspected in detail before it leaves our warehouse and must pass through several quality controls. We assume responsibility for the fact that the Products delivered to you are free of defects. The statutory warranty provisions apply. The images of the Products on the website are for illustrative purposes only. Although every care has been taken to ensure that the photographic representation, description and specification of each Product is accurate, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products, and your Products may vary slightly from those images. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise). Therefore, without prejudice to your statutory warranty protections, we do not give any other warranties or guarantees of any kind in relation to any Products provided to you. If the Products do not conform with any applicable statutory warranties, we shall: (a) at our option repair or replace the defective Products; or (b) refund the price of such Products (whether full or partially) provided that you promptly notify us of your complaint and you return the defective Products to us as soon as possible. BALLETONIST shall not be liable for negligent breaches of duty save that nothing in these General Business Terms shall exclude or limit our liability for death or personal injury caused by our negligence or relating to claims that may arise from Product Liability legislation. This shall also apply to breaches of duty of possible vicarious agents. In addition, nothing in these General Business Terms shall exclude or limit our liability in any way for fraud or fraudulent misrepresentation or for any other matter for which it is unlawful for us to exclude or limit, or attempt to exclude or limit our liability. BALLETONIST’s total aggregate liability (whether arising in contract, tort (including negligence) or otherwise) for losses you suffer arising out of or in connection with your order is strictly limited to the purchase price of the Product purchased by you.
Right of Cancelation
You may cancel your order for any Products that you have purchased from us within 14 days of delivery for any reason (including if you simply change your mind) (the “Cooling-Off Period”). In order to satisfy the requirement to cancel the Products within the Cooling-Off Period you must provide us with notification of cancellation by a clear statement (e.g. by letter, within the Cooling-Off Period, and then send the Products to us as soon as possible after such notification. You may use the return form at www.balletonist.com to give us notice of cancellation. You will then be entitled to a refund from us (excluding the costs of delivery and/or the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us, which will be paid as soon as possible but in any event within 14 days of us receiving back the Products. Your return package needs to be accepted by us in The Netherlands within four weeks from the date of delivery.
Consequences of the cancellation
In the event of effective cancellation of the Products, you must return the received Products in the same condition in which you received them. You have a legal obligation to take reasonable care of the Products while in your possession. Products may not be worn, altered, damaged or washed in any way and should be sent back to us in the original packaging, double boxed. If you fail to take reasonable care of the Products and do not return the Products to us in their original condition, we may have a right to seek compensation from you for any loss of, or damage to, the Products and you will be liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products you have received. Return of the Products is at your own risk and cost, unless the Products do not comply with the contract or are not what you ordered; and in which case the Products will be returned at our risk and cost. As mentioned above, in the event of effective cancellation, you will be entitled to a refund from us (including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us, which will be paid as soon as possible in any event within 14 days of us receiving back the Products. We will refund you using the same means of payment as you used for the initial purchase unless you expressly agree otherwise.
Should an item not fit you or not be to your liking, you can simply return or exchange within 14 days of receipt. We advise you to observe the following requirements carefully before returning any products. BALLETONIST reserves the right to refuse return of any merchandise that does not meet these requirements. All products are returned within two weeks from delivery and your return package needs to be accepted by us in The Netherlands within four weeks. BALLETONIST accepts returns provided that the security tag remains attached to all Products. Products that have been worn, used, washed, altered or damaged will not be accepted.
You must return the order at your own risk and cost. In case the security tag and other tags have been removed, BALLETONIST does not accept the return. Please note that we can only accept returns if all return requirements are met. If not, BALLETONIST will not refund or compensate.
– all security return/exchange labels are intact and attached to each Product.
– all Products are in their original condition
– the return is registered with us within 14 days from delivery.
– the return is send in the original BALLETONIST packaging
– the return is accompanied by the original invoice
– the return is accompanied by a letter of content. You may use our return form.
BALLETONIST reserves the right to refuse return of any merchandise that does not meet the return requirements at BALLETONIST’s sole discretion.
Please note that we can only accept returns of products which were purchased from the BALLETONIST Online Boutique. You have a legal obligation to take reasonable care of the Products while in your possession although you shall be entitled to open the packaging to examine the Products that you have ordered. You are permitted to try on the Products insofar as they are not underwear hosiery or tights and provided all items are tried over underwear. Packaging of hosiery and tights may not be opened and these products may not be tried on. BALLETONIST will only accept the returned products when they are completely unused, have not been worn, altered damaged or washed and are sent back to us in the original packaging.
The return of any product must be accompanied by the original invoice and a letter of content in which the returned products are specified, and your reason for returning the products can be stated. This will help us to further improve the range of products and services on offer at the BALLETONIST Online Boutique.
We can process a refund or exchange only if the return package has been received by us. Please note that you are responsible for the return shipment and its costs. BALLETONIST is not responsible for any delays, loss or damage of your return shipment. Therefore we strongly recommend to use a registered shipping service including signature for receipt and advice you to keep hold of your track&trace/receipts/confirmations. Thank you for your understanding.
Ownership of Rights
All Rights (as defined below) in and to the website and all content and materials contained in the website, including without limitation any text, photographs, pictures, graphics, diagrams, video, audio, music, software, applications and their compilation and lay out (the “site content”) are owned by and shall remain owned by BALLETONIST or our licensors. The website and the site content: (a) may only be used for your personal, non-commercial purposes; (b) shall not be reproduced or included in any work or publication in any medium; and (c) may not be modified, copied, altered, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part. For the purposes of these General Business Terms, “Rights” means patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), rights in goodwill, rights in performances, rights in passing-off and unfair competition, database rights and moral rights, rights subsisting in inventions, designs, drawings and computer programs (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world.
Virtual Gift Cards
Gift Cards are valid for 12 months from date of purchase. Gift Cards can be redeemed against all products at www.balletonist.com. Gift Cards are non-transferable, can only be used on the BALLETONIST website for which they are issued and may not be returned or redeemed for cash. If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. All remaining balances exceeding the value of your gift credit must be paid by credit or debit card. If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch. BALLETONIST is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser. BALLETONIST is not responsible if a Gift Card is lost, stolen, destroyed or used without permission. BALLETONIST reserves the right to cancel a Gift Card if we deem such action necessary. Promotion codes cannot be applied to the purchase of Gift Cards. A minimum orderamount of 25,00 euro is required for the Virtual Giftcard to be redeemed.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. The minimum orderamount is 50,00 euro in order for the promotion code to be activated.
Liability for content and availability
The website and the site content are prepared with all reasonable skill and care. However, while we endeavour to ensure that the information contained on or in the website and the site content is correct, we cannot give any warranty or make any representation of any kind, either express or implied (whether by common law, custom, statute or otherwise) regarding the accuracy, completeness, reliability and currency of the website or the site content. We may make changes to the website, the site content or to any services, products, prices or fees described in it, at any time without notice. We do not warrant that the website, the site content and any function of the website will be uninterrupted or error-free, that defects will be corrected, or that the website, site content or the server that makes it available are free of viruses or other harmful components. Although we will endeavour to take appropriate security measures to protect the website and the site content, we will not be held responsible for the security of the website or for any disruption of the website however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system. We shall use our reasonable endeavours to safeguard the copyrights of others or to resort to the use of works which the company created itself and licence-free works. We do not warrant make any representations that the website or any site content will not infringe the rights of any third party. This website and all contents of the site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the website, that your use of the website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our website, and that BALLETONIST shall not be liable for any damages of any kind related to your use of this website.
Liability for links
Insofar as we enable access to third party websites via links from our website, we are not responsible for such third party website or any content contained therein. The respective provider or operator of such third party websites is responsible for the content of the linked sites and we make no warranties or representations whatsoever about any such websites or for any services or products that they may provide. Without limiting the foregoing, such websites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising, products or services available from such websites, their suitability, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality or functionality of any products or services available on such sites or for any transactions, dealings or arrangements that you may have, or the consequences of such transactions, dealings or arrangements with such third party site operators. If you do come across any link which is an infringement of any third party rights or is offensive, unsuitable or inappropriate to us or our users please let us know and if, upon receiving a complaint, we believe in our reasonable opinion that the material is an infringement, offensive, unsuitable or inappropriate we will take down such material and/or remove such links immediately.
© BALLETONIST 2018