Algemene voorwaarden

Introduction

The following Terms and Conditions apply to the use of this website and the agreement between us and you. These Terms outline the rights and obligations of all users (hereinafter: "you") and By Aicha (hereinafter: "us" / "our" / "we") regarding the goods/services offered by us, through this website or through any other websites we may refer to.

Before you click the "BUY" button to place your order, we ask you to read these Terms carefully. By using this website or placing an order through it, you agree to be bound by these Terms. You cannot place an order if you do not agree to these Terms.

The sale of goods and the execution thereof via this website is carried out by By Aicha, a Dutch sole proprietorship, located at Adrianalaan 401, 3053 JB in Rotterdam, the Netherlands, registered in the Trade Register of the Chamber of Commerce under number: 64474925.

 

Privacy Policy

By visiting the website, you consent to the processing of your data and declare that all information and data you provide to us is accurate and truthful.

 

Conclusion of the Agreement

Within the Online Shop, you can select individual products from the offer and place them in an electronic shopping cart by clicking the "ADD TO CART" button. A binding order for you is only created when you have entered all necessary information for the execution of the agreement, confirmed that you have read these Terms and Conditions, and completed payment.

This concludes the purchase agreement with By Aicha based on the Terms described herein. Until you have clicked this button, you can change or correct the order and the details of your order at any time. By placing an order through the website, you guarantee that you are at least eighteen years old and legally capable of entering into a binding contract.

After placing your order, you will receive an email confirming receipt of your order. The contract only concerns the products for which we have confirmed the order in the "Order Confirmation." These Terms and Conditions are also made available to you during your visit to our website.

By Aicha may wholly or partially terminate the purchase agreement if a part or all of the ordered products turn out to be unavailable, even if the website stated that these products were in stock. This can occur if stock runs out after your order, the product is no longer offered, or for other reasons that make delivery impossible.

If this occurs, you will receive an email from us. If the order has been prepaid, the amount will be refunded to your account as soon as possible. This provision does not affect By Aicha’s other legal rights to terminate the purchase agreement.

 

Availability

All product orders are subject to availability. In this regard, we reserve the right, in case of delivery issues or because products are no longer in stock, to provide you with information about substitute products of equal or higher quality and value that you may order. If you do not wish to order such substitute products, we will refund any money you may have already paid.

We reserve the right to remove any product from this website at any time and/or remove or edit any materials or content from this website. While we always strive to process all orders, exceptional circumstances may arise that require us to refuse processing an order even after we have sent you an Order Confirmation. We reserve the right to do this at our sole discretion at any time.

We are not liable to you or any third party for the removal of any product from this website, whether or not the product has been sold, nor for the removal or editing of materials or content on this website.

 

Delivery and Shipping Costs

We aim to deliver your order as quickly as possible. Under normal circumstances, we ship your order the next working day. If this is not the case, we will announce this on the homepage of our webshop (for example, during a summer break when longer delivery times apply).

Depending on the products you ordered, it may happen that a product is not in stock and therefore has a longer delivery time. We will always keep you informed in such cases.

Shipping costs:

  • Within the Netherlands: €6.95

  • Other European countries: €11.95

  • International: €19.95

All our parcels within the Netherlands are delivered by PostNL. You will always receive a Track & Trace code by email after your order has been shipped.

 

Price and Payment

The price of the products is the price stated on our website at all times, except in the case of an obvious error. While we make every effort to ensure all prices on our website are accurate, errors may occur. If we discover an error in the price of one or more products you have ordered, we will inform you as soon as possible and give you the option to confirm your order at the correct price or cancel it.

If we cannot reach you, the order will be treated as canceled, and if you have already paid for the product(s), you will receive a full refund. We are not obliged to sell the product(s) to you at the incorrect (lower) price (even after we have sent you an Order Confirmation) if the price error is obvious and unmistakable and you could reasonably have recognized it as such.

Payment is possible via iDeal, PayPal, Bancontact/Mistercash, Sofort Banking, or collection in-store.
Only after payment is received will production/shipping be scheduled.

 

Risk and Transfer of Ownership

The risk of the products passes to you from the moment of delivery. Ownership of the products will only pass to you when we have received full payment of all amounts due in relation to the products, including delivery charges, or upon delivery if this takes place later.

 

Cancellation and Right of Withdrawal

You have the right to withdraw from the agreement within fourteen days without giving any reason. This also applies to discounted items. If a product does not meet your expectations and you wish to return it, you must return the product with all accessories provided and in its original and good condition.

The withdrawal period expires fourteen days after the day on which you, or a third party designated by you who is not the carrier, physically take possession of the goods. You must return or hand over the goods to us promptly after notifying us of your withdrawal from the agreement. You are on time if you send back the goods before the fourteen-day period has expired.

To exercise the right of withdrawal, you must notify us by email at info@byaicha.nl. Please clearly state your name and order number.

You can return products to:
BY AICHA
Postbus 42
5600 AA Eindhoven
The Netherlands

Please include your order number and, if possible, the reason for the return. You may also use the return form provided with your order.
Return costs are the responsibility of the customer.

 

Retention of Title

Until full payment has been received, the delivered products remain our property.

 

Intellectual Property Rights

The website operated by us, as well as all its content—including texts, photos, images, graphics, designs, textile designs, films, presentations, sounds, illustrations, software, brands, and/or models—whether registered or unregistered, are protected by intellectual property rights against unauthorized use. For any use other than browsing and purchasing an item, prior written permission from us, or from the rights holder if not us, is required.

 

Force Majeure

We are not liable or responsible for any failure or delay in the performance of our obligations under a contract if caused by events beyond our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes (without limitation):

  • Strikes, lock-outs, or other industrial action

  • Civil commotion, riot, invasion, terrorist attack or threat, war (declared or not), or threat/preparation for war

  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters

  • Inability to use trains, ships, aircraft, road transport, or other public/private transport

  • Inability to use public or private telecommunications networks

  • Acts, decrees, laws, regulations, or restrictions of any government

  • Strikes, failures, or accidents in transport, postal, or other relevant companies

Our performance under any contract is suspended for the duration of the Force Majeure Event, and we are entitled to extend the time for performance for the duration of such period. We will make reasonable efforts to end the Force Majeure Event or find a solution to fulfill our obligations despite the Force Majeure Event.

 

Changes

We reserve the right to revise and amend these Terms from time to time. You are subject to the policies and Terms in force at the time you order products from us, unless a change is required by law or government authority, in which case the change will also apply to orders previously placed by you.

 

Governing Law

These Terms and Conditions are governed by Dutch law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

Complaints

If you are not satisfied with a delivered product because it is defective, faulty, or damaged, please contact us. Together, we will look for a suitable solution.

Defects not covered under warranty include:

  • Damage caused by incorrect or intensive use

  • Excessive perspiration

  • Discoloration or staining of clothing, scarves, or shoes

  • Pilling (fabric bobbling) of clothing

  • Damage caused by washing or drying

  • Damage caused by external influences (e.g., friction, sharp objects, chemicals)

  • Items that, due to their design, cause physical discomfort (e.g., sweating, blisters)

All your feedback and comments can be submitted via our web form or by emailing info@byaicha.nl.