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TERMS & CONDITIONS

These Terms of Boutallion B.V. govern the access to and use of our Website as well as all sales made through our Website. 

1. Definitions

In these Terms, the following definitions shall apply:

  • Account: a user account on our Website

  • Boutallion: Boutallion B.V. (also “we”, “us”)

  • Consumer: a Customer acting for purposes outside trade, business, craft or profession, whose purchase therefore qualifies as a consumer purchase as referred to in article 7:5 paragraph 1 BW (Dutch Civil Code)

  • Customer: a user of our Website or a person purchasing Products (also “you”)

  • Material: has the meaning referred to in clause 9.4

  • Products: the products offered for sale by Boutallion, whether though our Website or elsewhere

  • Terms: these general Terms and conditions of Boutallion

  • Website: the Website of Boutallion at www.boutallion.com and any other address used by us

2. Applicability of the Terms

1. The use of our Website implies the full acceptance of these Terms and all our guidelines and rules. When registering for an account or purchasing a Product, you may be asked to confirm that you agree to be bound by these Terms. ​

2. Boutallion reserves the right, at its sole discretion, to modify these Terms from time to time. We will post the revised Terms on our website and may inform you by e-mail of any changes. If you continue the use of our website after a change, you fully accept the revised Terms.

3. Although our Website is primarily aimed at Consumers, we are happy to sell to businesses. In the event that different stipulations apply for Consumers on the one hand and other customers on the other, this is clearly indicated.

3. Account registration

1. Your Account will be effective upon successful completion of the registration process. When registering for an Account you must provide accurate and true information. In the event of any change in the information you provided after your registration, you agree to inform us to ensure that you will receive our messages and that we will not in error contact third parties.

2. You are solely responsible for any and all use of your Account which is attributable to you or to a failure to protect your password on your part.

You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password.

3. You may terminate your Account at any time at your sole discretion, without giving reasons, through your account page or by sending an e-mail to boutallion@boutallion.com or calling the number +31 102361716.

4. Boutallion shall be entitled, at its sole discretion, to cancel your Account, to block your Account, and to deny, restrict or suspend your access to our Website.

5. We may contact you through electronic communication channels (including e-mail, phone and text messages). You agree that use of certain communication channels may result in charges imposed on you by your network provider and that you will be responsible for such charges.

4. Products and availability

1. The products branded "Boutallion" promoted through our Website are made with the finest materials and are all made in Italy, unless indicated otherwise.

2. The Products available on our Website are a selection of items available in stores, whereas not all stores will offer all Products available on our Website.

3. Pictures of the Products displayed on our Website may not correspond to their actual appearance. You shall therefore rely exclusively on the description of the Products and their characteristics as mentioned on the Website.

4. We reserve the right to limit at any time quantities and type of Products available on our Website. Style, models and colours of Products may be changed without notice.

5. Prices

1. The prices of the Products on our Website are in euro and are inclusive of all applicable taxes and charges. Prices may, at the Customer’s request, be displayed in different currencies, but will be charged in euro or the other currency’s equivalent at the going rate. Delivery costs may be added to the price of the Products and will be indicated separately on the order form.

2. Boutallion regularly verifies that prices of the Products displayed on the Website are correct, but we cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, we may refuse the order and may offer you the opportunity to purchase the Product at the correct price.

6. Orders and acceptance

1. An Order constitutes a proposal to purchase the selected Products and is only deemed to be accepted if Boutallion has notified the Customer that it accepts the Order and shall start the execution thereof or, if no such notification has been sent, has started to execute the Order.

2. An Order is final for the Customer as soon as it has been sent to Boutallion, from which moment the Customer can no longer cancel or amend the Order without the prior written consent of Boutallion, to be requested via boutallion@boutallion.com.

3. Boutallion may choose to refuse, or to withdraw the acceptance of, an Order or part thereof, in which case the consideration due by the Customer will be amended accordingly, for example in case of the following events:

  • the Order or part thereof cannot be processed due to unavailability of the Products or materials used for the Products;

  • reported, or suspected, fraudulent or illegal activities; or

  • the Customer has failed to comply with obligations from a prior contract with Boutallion.

4. We will send the acceptance or refusal of an Order via the e-mail address you have provided to us in the Order or in your Account.

7. Payment

1. Unless otherwise agreed, the Customer shall pay the Order in advance through one of the payment options offered by Boutallion.

2. If you fail to meet your payment obligation timely, you are automatically in default without prior notice from us being required. In that case you owe us interest of 1.5% per month plus extra-judicial recovery costs of 10% of the outstanding invoice amount with a minimum of €200 per Order.

3. Without Boutallion’s prior written consent, Customers are not entitled to apply setoff, compensation, or any kind of discount to the payment or to suspend payment. Consumers may suspend payment to the extent that suspension is permitted under applicable law.

4. Until the Customer has paid the products in full, Boutallion remains the exclusive owner of the ordered Products, even if the Products have been mixed, processed, or transferred.

8. Shipment and returns

1. Boutallion shall procure the shipment of the Products on behalf of the Customer from the atelier in Italy and, if so requested by the Customer, the insurance of the Products during transport. These costs will be charged to the Customer, unless indicated otherwise. The risk shall pass to the Consumer at delivery to the Consumer or a third party appointed by the Consumer. If the Customer is not a Consumer, the risk shall pass at handover to the carrier.

2. Due to the nature of the Products, delivery times are indicative. Boutallion strives to regularly inform the Customer on the expected delivery date.

3. Unless indicated otherwise, Consumers have, from the Order date until fourteen days from the date of delivery of the Order, as determined in accordance with article 6:230o paragraph 1 sub b BW, the right to withdraw (ontbinden) the order. If the Order has been dispatched at the moment of withdrawal, the Consumer shall bear the costs of the return shipment.

4. In the event that the Product is made on the basis of specifications provided by the Customer, such as when the Product is made-to-measure or when custom accessories are added to a Product, the right referred to in clause 8.3 shall not apply.

9. Complaints

1. Complaints regarding a Product must be submitted in writing to the e-mail address boutallion@boutallion.com within eight days of receipt by the Customer or, in case of hidden defects, within eight days of the Customer becoming aware of the defects. Complaints submitted outside the terms referred to are not admissible. If you are a Consumers, you must file any complaint within two months after having become aware of the defect.

2. After receiving a complaint, we shall assess it as soon as possible. You agree to co-operate fully in this matter, for instance, by sending the Product to us at our request and by granting us or a third party agent access to your premises. Unless you are a Consumer, return shipments are carriage paid at your risk and are only permissible with our prior written consent.

10. Intellectual property rights

1. You acknowledge and agree that all materials related to this Website, including Website and software code and design, information, images, audio, video and trade dress as well as all rights associated with the Website and these materials, including trademarks, domain names, designs, patents and copyright, vest in Boutallion or its licensors.

2. All trademarks, trade names, logos and other distinctive designs and signs which are reproduced on the Website, whether registered or not, are trademarks or service marks of Boutallion or its licensors.

3. It is not permitted to reproduce, publish or make available to the public this Website, any of the materials in whole or in part, in any form or manner for any purpose without the prior written consent of Boutallion.

4. You acknowledge and agree that by submitting proposals, ideas, photographs or any other content (“Material”) to us through our Website or by any other means, you grant us a royalty free, non-exclusive, perpetual and worldwide right to reproduce, publish, distribute and make available, in whole or in part, the Material for commercial purposes. [VB6] 

5. You declare and warrant that the Material does not violate any rights of third parties arising from the law or contract, including intellectual property rights and confidentiality obligations.

11. Use of our Website

1. Our Website may contain links to other websites. Boutallion has no control over such websites and cannot assume any liability in respect of such websites or their content.

2. Links to other websites and references to information, products or services of third parties do not constitute, and should not be interpreted as, an endorsement by Boutallion of such websites, information, products or services.

3. You are not permitted to frame this Website on any other website or to deeplink to any part or section of the Website without prior written consent of Boutallion.

12. Exclusion of warranties

1. To the maximum extent permitted by law, our Website, its contents and services are provided free of charge on an "as is" and "as available" basis.

2. Boutallion provides no warranty in connection with its Website, its content or services, such as that it will always be available, without interruption or errors in functioning, or that it will be safe from malicious programs, or that it is suitable for any particular purpose, and expressly declines any such warranties.

3. Boutallion cannot guarantee the accuracy of the information made available through its Website or that such information is free from errors or omissions. Boutallion therefore shall have no liability in that respect. Boutallion reserves the right to update or correct the contents of the Website at any time without notice and without any liability.

4. We cannot accept any liability for damage to the Products which arises or results from failure to observe our advices with regard to the Products, or misuse, inadequate or faulty maintenance or treatment, and normal wear and tear.

13. Liability

1. To the maximum extent permitted by applicable law, you undertake not to hold us, our licensors, service providers, agents, officers, or directors, liable, in any way, for any possible damages arising or resulting from the use of our Website.

2. We shall not be liable for damage suffered by you or third parties with regard to Products, our Website or any other services provided by us. If you are a Consumer, our liability shall be limited to the amount of the Order to which the damage relates.

3. The limitations of liability referred to in these Terms shall not apply in case the damage is a direct result of wilful intent or serious negligence on our part.

4. To the extent permitted under applicable law, you agree to indemnify and hold Boutallion and each of its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website in violation of these Terms, arising from a breach of these Terms, or if any Material that you transmitted causes our liability to a third party.

14. Miscellaneous

1. If a provision of these Terms proves to be wholly or partly invalid, then the remaining provisions of the Terms will continue to be fully applicable and Boutallion shall be permitted to replace the invalid provision with a provision which takes the objective and effect of the original provision into consideration as much as possible.

2. Additions or amendments to these Terms are only valid when mutually agreed upon between Boutallion and the Customer in writing.

3. Boutallion shall not be deemed to be in breach of these Terms or any Order by reason of any delay in performing or failure to perform any of its obligations, to the extent that such delay or failure is due to a cause beyond its reasonable control, including when due to illness of staff, or a subcontractor or supplier.

4. An omission, whether active or passive, of Boutallion to take action against a violation of its rights or these Terms cannot be deemed acquiescence or tolerance of any such violation.

15. Governing law, competent court

1. These Terms and any further contractual relationships arising out of or in relation to these Terms shall be governed by and will be interpreted in accordance with Dutch law, except when otherwise provided under applicable mandatory local legislation of your place of residence. 

2. All disputes arising out of or relating to these Terms or any further contractual relationships arising out of or in relation to these Terms shall be submitted to the exclusive jurisdiction of the competent court of Rotterdam. If you are a Consumer, you have the right to have the dispute adjudicated by the court which would by law be competent. If you wish to exercise this right, you shall inform us hereof within one month after we have submitted the dispute to the competent court of Rotterdam.

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