Terms & Conditions

Article 1 - Definitions

The following definitions apply to these General Terms and Conditions:

  • Cooling-off Period: The period within which the consumer can exercise their right of withdrawal.

  • Consumer: The natural person who acts for purposes outside their trade, business, craft, or profession and enters into a distance contract with the entrepreneur.

  • Continuous Transaction: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is staggered over time.

  • Durable Medium: Any means that allows the consumer or entrepreneur to store personal information addressed to them in a way that enables future retrieval and unchanged reproduction of the information.

  • Right of Withdrawal: The consumer’s ability to cancel the distance contract within the cooling-off period.

  • Entrepreneur: The natural or legal person who offers goods and/or services to the consumer in a distance selling context.

  • Distance Contract: An agreement concluded under an organized distance selling system for goods and/or services where, up to and including the conclusion of the contract, only one or more distance communication techniques are used.

  • Distance Communication Technique: Means that can be used to conclude a contract without requiring the consumer and entrepreneur to be in the same location.

  • General Terms and Conditions: These general terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Name: Bonnies Boutique Malibu

Company: Blitzdrop Ltd

Registration Number: 16311514

Website: www.bonniesboutiquemalibu.com

Email: Info@bonniesboutiquemalibu.com

Article 3 - Applicability

These general terms and conditions apply to any offer made by Bonnies Boutique Malibu and to any distance contract and order 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 via www.bonniesboutiquemalibu.com. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract that the general terms and conditions are available for inspection and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in a way that allows easy storage on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be viewed electronically on www.bonniesboutiquemalibu.com and that they will be sent electronically or otherwise free of charge upon request to Info@bonniesboutiquemalibu.com.

If additional product or service-specific terms and conditions apply, the consumer can always rely on the most favourable applicable provision in the event of a conflict.

If one or more provisions of these general terms and conditions are wholly or partially invalid or void at any time, the remaining provisions will remain in effect, and the relevant provision will be replaced by a provision that most closely aligns with the original provision’s purpose.

Matters not covered by these general terms and conditions should be assessed “in the spirit” of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this must be explicitly stated in the offer.

The offer is non-binding. Bonnies Boutique Malibu is entitled to change or adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If Bonnies Boutique Malibu uses images, these are a truthful representation of the products offered. Obvious errors or mistakes in the offer do not bind Bonnies Boutique Malibu.

All images, specifications, and data in the offer are indicative and cannot be a basis for compensation or dissolution of the agreement.

The images of the products are a true representation of the offered products. Bonnies Boutique Malibu cannot guarantee that the displayed colours exactly match the actual colours of the products.

Each offer contains such information that the consumer understands what rights and obligations are attached to accepting the offer. This includes:

  • The price, excluding customs clearance costs and import VAT. These additional costs are at the customer’s expense and risk.

  • Free shipping within the US, with a tracking code provided via email within 24 hours of placing the order.

  • The manner in which the contract is concluded and the actions required for that.

  • The applicability of the right of withdrawal.

  • The terms for payment, delivery, and performance of the contract.

  • The deadline for accepting the offer or the period within which Bonnies Boutique Malibu guarantees the price.

  • Whether the contract will be archived after its conclusion and, if so, how the consumer can access it.

  • The languages in which the contract can be concluded, including English.

Article 5 - The Agreement

Subject to the provisions in paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions set out in the offer.

If the consumer has accepted the offer electronically, Bonnies Boutique Malibu will confirm receipt of the acceptance electronically without delay. As long as Bonnies Boutique Malibu has not confirmed receipt, the consumer can dissolve the contract.

If the contract is concluded electronically, Bonnies Boutique Malibu will take suitable technical and organizational measures to protect the electronic data transmission and ensure a secure internet environment.

Bonnies Boutique Malibu will provide the consumer with the following information with the product or service, either in writing or in a manner that allows the consumer to store it on a durable medium:

  • The contact details of Bonnies Boutique Malibu (Info@bonniesboutiquemalibu.com) where the consumer can submit complaints.

  • The terms and methods by which the consumer can exercise their right of withdrawal or clear information about the exclusion of the right of withdrawal if applicable.

  • Information about existing warranties and customer service.

  • Each contract is concluded under the condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract without giving reasons within a period of 30 days. This cooling-off period begins the day after the consumer, or a previously designated and notified representative, receives the product.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if possible, in its original condition and packaging to Bonnies Boutique Malibu.

To exercise the right of withdrawal, the consumer must inform Bonnies Boutique Malibu within 30 days of receiving the product via Info@bonniesboutiquemalibu.com. After notifying the intention to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must provide proof that the delivered goods were returned in a timely manner, such as a shipping receipt.

Article 7 - Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the product will be borne by the consumer.

If the consumer has paid an amount, Bonnies Boutique Malibu will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has already been received or that sufficient proof of the complete return can be provided.

Article 8 - Exclusion of the Right of Withdrawal

Bonnies Boutique Malibu can exclude the consumer’s right of withdrawal for the products described below. The exclusion of the right of withdrawal is only valid if Bonnies Boutique Malibu has clearly stated this in the offer before the contract is concluded. Exclusions are only possible for products:

  • Made to the consumer’s specifications.

  • Clearly personal in nature.

  • Which cannot be returned due to their nature.

  • That spoil quickly or have a limited shelf life.

  • Whose price is subject to fluctuations in the financial market beyond Bonnies Boutique Malibu’s control.

  • Individual newspapers and magazines.

Article 9 - The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or stipulations.

Price increases from 3 months after the conclusion of the contract are only permitted if Bonnies Boutique Malibu has stipulated this and they are the result of statutory regulations, or the consumer has the authority to cancel the contract with effect from the date the price increase takes effect.

Prices mentioned in offers of products or services include VAT.

Article 10 - Conformity and Warranty

Bonnies Boutique Malibu guarantees that the products and/or services comply with the contract, the specifications stated in the offer, and the reasonable requirements of usability and/or reliability.

An additional warranty provided by Bonnies Boutique Malibu, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against Bonnies Boutique Malibu under the contract.

Article 11 - Delivery and Execution

Bonnies Boutique Malibu will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address the consumer has provided to Bonnies Boutique Malibu.

Bonnies Boutique Malibu will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed upon. All orders are shipped with a tracking code, provided via email within 24 hours of placing the order, and shipping within the US is free of charge.

If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be informed no later than 30 days after placing the order. The consumer has the right to terminate the contract without cost and has the right to any compensation.

In the event of dissolution, Bonnies Boutique Malibu will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.

Article 12 - Payment

The consumer must make the payment according to the agreed method. This may involve prepayment, bank transfer, or other agreed-upon payment methods.

If prepayment has been agreed upon, the consumer must make the payment within the stipulated period after the conclusion of the contract.

The consumer is obliged to notify Bonnies Boutique Malibu of any inaccuracies in the provided or stated payment details via Info@bonniesboutiquemalibu.com.

If the consumer defaults on payment, Bonnies Boutique Malibu is entitled to charge reasonable collection costs incurred.

Article 13 - Complaints Procedure

Bonnies Boutique Malibu has a complaints procedure in place and handles complaints in accordance with this procedure.

Complaints about the fulfilment of the contract must be submitted to Bonnies Boutique Malibu in full and clearly described within a reasonable time after the consumer has discovered the defects, via Info@bonniesboutiquemalibu.com.

Complaints submitted to Bonnies Boutique Malibu will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Bonnies Boutique Malibu will reply within 14 days with a message confirming receipt and an indication of when the consumer can expect a more detailed answer.

Article 14 - Disputes

Contracts between Bonnies Boutique Malibu and the consumer to which these general terms and conditions apply are governed by USA law.

Disputes arising from these contracts will be exclusively submitted to the competent court in the United States of America.

Article 15 - Additional or Different Terms

Additional or different terms to these general terms and conditions can only be made if they are to the benefit of the consumer and do not affect the consumer’s legal rights.