Terms and Conditions
Article 1 – Definitions
In these conditions, the following terms shall be understood as follows:
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Withdrawal period: the time frame during which the consumer can exercise their right of withdrawal;
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Consumer: the natural person not acting in a professional or commercial capacity who enters into a distance contract with the entrepreneur;
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Day: calendar day;
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Long-term transaction: a distance contract regarding a series of products and/or services, for which the obligation of delivery and/or purchase is spread over time;
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Durable data carrier: any means that allows the consumer or entrepreneur to store information in a way that enables future consultation and unchanged reproduction;
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Right of withdrawal: the option for the consumer to cancel the distance contract within the reflection period;
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Entrepreneur: the natural or legal person offering products and/or services remotely to consumers;
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Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for remote sales of products and/or services, using exclusively one or more means of distance communication;
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Means of distance communication: any tool that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place;
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General Terms and Conditions: these general terms and conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Mia's Boutique
📧 Customer Service: info@miaboutique-toronto.com
Business name: Effelin
Trade name: Mia's Boutique
Chamber of Commerce (KvK): 96629975
Address: Bansingel 57, 4731VP
Article 3 – Applicability
These General Terms and Conditions apply to every offer from the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If not reasonably possible, the consumer will be informed of where they can be consulted and that they will be sent free of charge upon request.
In the event of conflict between these General Terms and more specific terms for a product or service, the consumer may rely on the most favorable provision.
If any provision is deemed invalid, the remaining provisions shall remain in effect.
Article 4 – The Offer
If an offer is of limited duration or subject to specific conditions, this will be clearly stated.
The offer is non-binding. The entrepreneur may modify it at any time.
All images, descriptions, and details are indicative and cannot constitute grounds for complaint or contract termination.
Displayed colors may differ slightly due to screen settings or lighting conditions.
The offer includes clear information about:
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The price (excluding customs duties and import VAT, which are the customer’s responsibility);
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Any delivery charges;
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The method of payment, delivery, and performance of the contract;
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Whether or not a right of withdrawal applies;
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The validity duration of the offer and price.
Article 5 – The Contract
The contract is concluded when the consumer accepts the offer and meets its conditions.
For electronic orders, the entrepreneur will send an electronic confirmation.
The entrepreneur uses appropriate technical and organizational measures to secure the electronic data transfer and ensure a safe web environment.
The entrepreneur reserves the right to refuse an order or impose specific conditions if there is reasonable doubt about the consumer’s ability to fulfill payment obligations.
Article 6 – Right of Withdrawal
The consumer may withdraw within 14 days after receiving the product, without providing a reason.
The product must be returned in its original condition, with all accessories and tags intact.
The consumer must notify their intention to withdraw by email within the specified time and return the product within 14 days of that notice.
Return shipping costs are borne by the consumer.
If the returned product is damaged, incomplete, or unusable, Mia's Boutique reserves the right to:
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Refuse a refund, or
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Deduct restocking fees based on the depreciation of the product.
Refunds are made within 14 days of receipt of the returned item in acceptable condition.
Article 7 – Price and Payment
Prices are exclusive of customs duties and import VAT, which are to be paid by the customer and collected by postal or transport services.
Payment must be made within 7 business days after order confirmation.
Article 8 – Delivery and Execution
Orders are shipped within 24 hours of purchase confirmation.
Estimated delivery times are between 5 and 7 business days (excluding weekends and holidays).
Delays caused by customs, weather, or circumstances beyond Mia's Boutique control cannot be attributed to the company.
If delivery to the consumer’s specified address is not possible, Mia's Boutique will not be held liable and no refund will be issued.
Article 9 – Warranties and Conformity
All products sold by Mia's Boutique comply with quality standards.
Claims regarding defective or non-compliant products must be submitted by email within 30 days of receipt.
Returns must be in the original packaging.
Article 10 – Complaints and Disputes
Complaints about the contract’s performance must be submitted within 7 days of discovering the issue.
Claims will be processed within 30 days. If more time is required, the consumer will be informed.
Article 11 – Delivery and Execution (continued)
Mia's Boutique handles order receipt and execution with care.
The delivery address is the one provided by the consumer. Mia's Boutique is not responsible for address entry errors.
Unless stated otherwise, orders are processed and shipped within 24 hours after purchase confirmation.
If delivery takes longer than expected or a product is unavailable, the consumer will be informed within 30 days. They may then cancel the order for a full refund.
If a product cannot be delivered, Mia's Boutique will offer a replacement, clearly communicated at delivery. The right of withdrawal still applies.
Risk of loss or damage transfers to the consumer upon delivery, unless otherwise agreed.
Article 12 – Long-Term Contracts: Duration, Termination, and Renewal
Termination
The consumer may terminate an open-ended contract at any time with a notice period of no more than one month.
A fixed-term contract may be terminated at the end of the agreed period, also with a one-month notice.
Termination must be done in the same manner as subscription and without extra fees.
Renewal
A fixed-term contract cannot be automatically renewed or extended.
A contract for regular delivery of newspapers/magazines may be extended once for up to three months, after which it is cancellable with one month's notice.
A fixed-term contract for goods or services may renew automatically for an indefinite period, with a cancellation notice of one month.
Trial or introductory subscriptions end automatically and cannot be auto-renewed.
Duration
If a contract exceeds one year, the consumer may terminate it anytime after the first year with a one-month notice, unless fair reason prevents this.
Article 13 – Payment
Unless otherwise stated, payment must be made within 7 business days of purchase.
The consumer must report any payment information errors immediately.
Failure to meet payment obligations may lead Mia's Boutique to charge late fees after a reminder and initiate collection procedures.
Article 14 – Complaint Procedure
Any complaints regarding contract performance must be submitted within 7 days of discovering the problem.
Mia's Boutique will respond within 14 days. If more time is needed, the consumer will be informed.
If the dispute cannot be resolved amicably, it will follow applicable mediation or dispute resolution procedures.
A complaint does not suspend payment obligations, unless otherwise agreed in writing by Mia's Boutique.
If justified, Austin-Boutique will replace or refund the item at no extra cost.
Article 15 – Disputes and Governing Law
All contracts between Mia's Boutique and the consumer are governed exclusively by French law, even if the consumer resides abroad.
Any disputes related to or arising from contracts under these terms shall be submitted to the competent court in Canada.
📧 Customer Service: info@miaboutique-toronto.com