TERMS & CONDITIONS

§1. General Provisions

  1. These Terms and Conditions govern purchases made through the Uniqueama online store and define the rights and obligations of the Seller and the Buyer.
  2. The Seller is AK. Majcher, operating under the brand Uniqueama.
  3. A Consumer is a natural person purchasing products for purposes outside their trade, business, craft or profession.
  4. To place an order through the online store, the Buyer must have access to the Internet and an active email address.
  5. Before placing an order, the Buyer is provided with access to these Terms and Conditions.
  6. Nothing in these Terms and Conditions limits the statutory rights of Consumers under applicable Dutch and EU consumer law.

§2. Seller Information

Company: AK. Majcher
Brand: Uniqueama
Address: Kuifeendstraat 1, 2492 NK The Hague, Netherlands
Email: infouniqueama@gmail.com
KVK Number: 85032999
VAT (BTW) Number: NL863479935B01

§3. Products and Orders

  1. Uniqueama offers clothing, accessories and other products presented in the online store.
  2. Products may be:
    • ready-made,
    • made after an order is placed,
    • made according to individual measurements or specifications provided by the Buyer,
    • personalised according to the Buyer’s individual choices.
  3. The characteristics of each product, including its design, material, available colours and relevant options, are stated on the individual product page.
  4. Due to differences between screens, monitors and device settings, the colour displayed on the website may differ slightly from the actual colour of the fabric or finished product.
  5. Where a product is made according to individual measurements, the Buyer is responsible for providing accurate measurements and information requested during the ordering process.
  6. If information required to make a product is incomplete or unclear, the Seller may contact the Buyer before production begins.
  7. Products made according to individual measurements or other individual specifications are manufactured specifically for that Buyer.
  8. Availability of fabrics and colours may change. If a selected material becomes unavailable after an order has been placed, the Seller will contact the Buyer to agree on an appropriate solution.

§4. Production Time

  1. The standard production time for products made after an order is placed is approximately 15 business days, unless a different production period is stated on the product page.
  2. The production period begins after:
    • payment has been successfully completed, and
    • the Seller has received all measurements, selections and other information necessary to produce the item.
  3. If production is delayed because of material availability, an unusually high number of orders or other circumstances affecting production, the Seller will inform the Buyer as soon as reasonably possible.
  4. Production time and delivery time are separate. Delivery time begins after the product has been completed and dispatched.

§5. Delivery

  1. Available delivery methods and delivery costs are displayed during checkout before the order is completed.
  2. Products are delivered to the address provided by the Buyer.
  3. The Buyer is responsible for providing a correct and complete delivery address.
  4. The Seller bears the risk of loss of or damage to the product until the product has been delivered to the Consumer, except where the Consumer independently arranges a carrier not offered by the Seller.
  5. If an order cannot be delivered within the agreed period, the Consumer retains all rights available under applicable consumer law.

§6. Right of Withdrawal

6.1 Standard products

  1. Unless a statutory exception applies, a Consumer who purchases a product online has the right to withdraw from the contract without giving a reason within 14 calendar days after receiving the product.
  2. The Consumer may exercise the right of withdrawal by registering the withdrawal through the cancellation/return facility provided on the website or by sending the Seller a clear statement of the decision to withdraw.
  3. After notifying the Seller of the withdrawal, the Consumer must return the product without undue delay and no later than 14 days after notifying the Seller.
  4. The Consumer bears the direct cost of returning the product unless the Seller has expressly agreed otherwise or applicable law provides otherwise.
  5. The Consumer should retain proof of dispatch until the return has been fully processed.

§7. Products Made to Individual Specifications

  1. The statutory right of withdrawal does not apply to products made according to the Consumer’s individual measurements or specifications, or products that are clearly personalised for the Consumer, where the statutory exception to the right of withdrawal applies.
  2. This includes, where applicable, garments manufactured specifically according to measurements supplied by the Consumer and products individually modified or personalised according to the Consumer’s specifications.
  3. Where the right of withdrawal does not apply, this will be made clear to the Consumer before the purchase is completed.
  4. The exclusion of the right of withdrawal does not affect the Consumer’s statutory rights if a personalised or made-to-measure product is defective, damaged, incorrectly manufactured or otherwise does not conform to the contract.

§8. Condition of Returned Products

  1. During the withdrawal period, the Consumer may inspect and try on the product to the extent necessary to establish its nature, characteristics, functioning and fit, comparable to the way a product could reasonably be inspected in a physical store.
  2. The Consumer is responsible for any reduction in the value of the product caused by handling or use beyond what is necessary for such inspection.
  3. Returned products will therefore be assessed where possible for their condition.
  4. Signs of handling or use that may result in a reduction in value may include, depending on the circumstances:
    • visible signs of wear,
    • stains or soiling,
    • washing or cleaning,
    • damage,
    • alterations made to the product,
    • strong odours or other changes affecting the condition or resale value of the product,
    • removal or damage of labels or tags where this affects the value or condition of the product.
  5. Where the Consumer is legally responsible for diminished value, the Seller may claim or deduct an amount corresponding to the actual reduction in value of the product, in accordance with applicable law.
  6. Any assessment of diminished value will be based on the actual condition of the returned product and will not constitute an automatic penalty or fixed return fee.

§9. Refunds Following Withdrawal

  1. Following a valid withdrawal, the Seller will reimburse payments received from the Consumer in accordance with the statutory time limits.
  2. The refund includes the cost of the least expensive standard delivery method offered by the Seller for the original order, where required by law.
  3. If the Consumer selected a more expensive delivery method, the additional delivery cost does not have to be refunded.
  4. The refund will normally be made using the same payment method used for the original transaction, unless another method is expressly agreed.

  5. Unless the Seller has offered to collect the goods, the Seller may withhold reimbursement until:

    • the returned goods have been received, or
    • the Consumer provides sufficient evidence that the goods have been sent back,

    whichever occurs first, as required by applicable law.

  6. Providing proof of dispatch does not remove the Consumer’s statutory responsibility for any diminished value of the product resulting from handling beyond what was necessary to inspect it.
  7. If circumstances concerning a return, including its condition or transportation, require further investigation, the Seller and Consumer retain their respective rights and obligations under applicable law.

§10. Returning Products

  1. The Buyer must package returned products with reasonable care to protect them during transport.
  2. The return shipment should contain sufficient information to identify the order and the Buyer.
  3. Uniqueama may include a Return Card with the order to make the return process easier. Use of this card is recommended but does not restrict the Consumer’s statutory right to withdraw by another legally valid method.
  4. The Consumer is strongly advised to use a traceable shipping method and retain proof of dispatch until the return and refund have been fully processed.
  5. The return address is:

AK. Majcher / Uniqueama
Kuifeendstraat 1
2492 NK The Hague
The Netherlands

§11. Prices and Payments

  1. Prices displayed to Consumers are stated in euros (€) and include applicable VAT (BTW), unless clearly stated otherwise.
  2. Delivery charges and any other applicable additional costs are displayed before the Buyer completes the order.
  3. Available payment methods are displayed during checkout.
  4. Payments may be processed through payment providers used by Uniqueama, including WooPayments and PayPal.
  5. Depending on availability, the checkout may offer iDEAL, credit or debit cards and other payment methods supported by the payment provider.
  6. Production of an item that is made after ordering may begin only after successful payment and receipt of all information required to produce the item.

§12. Defective or Non-Conforming Products

  1. Products sold by Uniqueama are subject to the statutory consumer guarantee applicable under Dutch law.
  2. A product must conform to the contract and possess the characteristics that a Consumer may reasonably expect.
  3. If a product is defective, damaged, incorrectly manufactured or otherwise does not conform to the contract, the Consumer should contact:

infouniqueama@gmail.com

  1. The Consumer should provide the order number and a description of the problem. Photographs may be requested where they can reasonably assist in assessing the complaint.
  2. Depending on the circumstances and applicable law, the Consumer may be entitled to repair or replacement or, where the legal requirements are met, an appropriate price reduction or termination of the contract and refund.
  3. Where the Seller is legally responsible for a defective or non-conforming product, the Consumer will not be charged costs that the Seller is legally required to bear in resolving the problem.
  4. A complaint concerning a defective or non-conforming product is separate from a standard return under the 14-day right of withdrawal.
  5. Products made to individual measurements or specifications remain covered by statutory rights concerning defects and conformity even where the ordinary right of withdrawal does not apply.

§13. Customer Account and Newsletter

  1. Creating a customer account is voluntary and free of charge.
  2. The Buyer is responsible for keeping login credentials confidential.
  3. The Buyer may request closure of the account at any time.
  4. Closure of an account does not require the Seller to delete information that must be retained for legal, accounting, tax or contractual reasons.
  5. Subscription to the Uniqueama newsletter is voluntary and is not required to make a purchase.
  6. A newsletter subscription may be cancelled at any time using the unsubscribe option provided in the email or by contacting the Seller.

§14. Privacy and Cookies

  1. Personal data is processed in accordance with the Uniqueama Privacy Policy.
  2. Information about the use of cookies and similar technologies is available in the Cookie Policy.
  3. Where consent is legally required, visitors can manage their cookie preferences using the consent management facility provided on the website.

§15. Intellectual Property

  1. Unless otherwise stated, Uniqueama’s original product designs, photographs, texts, graphics and other original website content are protected by applicable intellectual property laws.
  2. Such protected material may not be copied, reproduced or commercially used without permission where permission is required by law.

§16. Governing Law, Complaints and Changes

  1. Agreements concluded through the Uniqueama online store and these Terms and Conditions are governed by Dutch law.
  2. This choice of law does not deprive Consumers residing in another EU or EEA country of mandatory consumer protection provided by applicable law that cannot legally be excluded.
  3. Questions or complaints concerning an order may be submitted to:

AK. Majcher / Uniqueama
Email: infouniqueama@gmail.com

  1. The Seller will handle complaints within a reasonable period and respond as soon as reasonably possible.
  2. The Seller may amend these Terms and Conditions when necessary, for example because of changes in legislation, payment methods, delivery methods or the operation of the online store.
  3. Changes to these Terms and Conditions do not adversely change the terms of an order already concluded, unless required by law.
  4. The version of the Terms and Conditions applicable to an order is the version provided to the Buyer at the time the order was placed.
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