Terms and Conditions
When placing an order, you agree to the terms and conditions as listed on this site.
Article 1 General
1 The following conditions apply to all sales, deliveries and transactions by and from Ducky Beau. The conditions are binding on both parties, except if, in writing, by the seller accepted deviations. By placing an order, the buyer indicates to know these conditions and accept them.
2 All other terms and conditions (by buyers on their stationery, ordering and delivery forms, invoices etc.) set and / or registered anywhere are invalid and not binding to Ducky Beau, even when expressly reject the applicability of its conditions.
3 The conditions are applicable at all times unless in writing Ducky Beau agrees to other conditions. The buyer may, for future purchases, derive rights from changes in the previously agreed conditions.
Article 2 Applicable law and disputes
1 On all agreements with Ducky Beau these terms and conditions and Dutch law are applicable. Even if the buyer is or lives abroad, or the conformation of the agreement will takes place abroad.
2 Parties will appeal to a competent court after they have made to the utmost effort to find a solution, if were in the event of disagreement.
Article 3 Offers
1 The offer of a Ducky Beau is not binding, unless otherwise agreed in writing. The offered expires, if it is no longer available in the meantime.
2 In terms of fair competition is not permitted to offer new collections Ducky Beau through ad sites such as Ebay.
3 For the new collections Ducky Beau fixed prices should be applied. This means that the retail price including VAT is determined by multiplying the purchase price by 2.4. This minimum margin is to be used until November 1st for winter and May 1st for the summer collection. After these dates articles may be marked downs.
4 Ducky Beau is not liable for mistakes or clerical errors of information, prices and images. Deviations cannot lead to compensation and / or dissolution.
5 All prices are excluding VAT and other government levies and any, costs in the context of the agreement, including shipping and handling costs.
Article 4 Supremacy
1 In case of supremacy Ducky Beau does not have to comply to this agreement.
2 What is supremacy to us? That is a shortcoming that cannot be attributed to Ducky Beau, but which makes us unable to meet our obligations.
Article 5 Payment
1 Payment can be made in several ways: cash, by tele-banking or debit card payment.
2 For shipping, payment should be in advance by bank transfer, to bank account 18 36 39 529 in the name of Ducky Beau. Outside the Netherlands IBAN: NL73 RABO 0183 6395 29 and BIC/Swift: RABONL2U
Article 6 Delivery and orders
1 We do our utmost to process all orders as soon as possible. All orders are – provided that the articles are in stock – sent within five business days, after receipt of payment, by PostNL.
2 The minimum order amount is € 50 .-, orders below this amount, will not be processed.
3 The shipping costs within the Netherlands are € 7.95 excluding VAT per box.
Shipping costs for Germany and Belgium are € 14.95 excluding VAT per box.
Other zones will be calculated after receiving the order.
Article 7 Returns and Guarantee
1 It is our goal to deliver all products in perfect condition. Nevertheless it is possible that one of our articles has a production or delivery fault. It’s your own responsibility to inspect the received products as soon as possible.
2 When you do find a production or delivery fault, it is important to send us a message within 7 days of receipt. Visible defects can only be considered, if clearly defined to Ducky Beau, including a copy of the invoice. The items must still be in the condition of delivery. Shipping costs will only be reimbursed when we consider the complaint as a production or delivery fault and when you have complied with the conditions. Article 7.4 states what is not considered a production or delivery fault. Products from lots cannot be returned.
3 The products have to be returned in the best possible condition. The shipping costs are initially on account of the retailer. The retailer has to make a notification of the return in advance. Insufficiently stamped items and COD shipments will not be taken in to consideration. Only when the complaint is considered correct and all complies with the conditions, the shipping costs will be credited.
4 Examples below are not considered a production or delivery fault:
- Deviations in quality, colour, size, weight etc.
- Default Zippers.
- Loss of accessories and decoration as rhinestones etc.
- Washing failures or wrong use of an article cannot be blamed on us, and will therefore not be taking into consideration.
- Complaints as a result of wear, like broken zippers, torn seams, broken buttons.
- Damage on the article caused by improper use.
5 When we conclude that it is a production or delivery fault, your costs will be credited.
5b When the complaint is not warranted, we will not credit the costs. The item will be returned at the retailers expense. Every guarantee expires 3 months after purchase.
6 After the period of 7 days, we will consider the complaint but the shipping costs are at retailers expense.
7 We only communicate with the retailer, not with the end consumer. We can only accept returns of our retailers and not those of the end consumer.
8 When you return an item please take care of the following points:
- Only items with a production of delivery fault can be returned. See Article 7.4
- Items with broken zippers cannot be returned. See article 7.4
- Returns from the end consumer will not be considered, only the retailer can return items.
- Items can only be returned when the original hangtag is attached and they are not worn or used improper.
- The return has to be announced by e-mail at info@DuckyBeau.com.
- There has to be a copy of the invoice included. You have to mark the returned items on the invoice and describe the fault. This way we know whom the items are from and what the problem is.
- The shipping costs are at first on your own expense, unless we agreed otherwise. Insufficiently stamped items and COD shipments will not be taken in to consideration.
- We are a wholesale and we do not exchange clothes for other sizes.
9 Because we work with retailers we expect that bought goods can always be sold. Ordered items can only be exchanged in exceptional cases and at your own risk. In this case we should charge €15,- administration costs.
Article 8 Liability
1 Ducky Beau is not liable for loss or damage to the goods during shipment by PostNL.
2 Ducky Beau is not liable for any direct or indirect damage after delivery, from any cause whatsoever, caused to the buyer and / or his family, on matters of the business of the buyer to third parties and / or property of others .
3 Bringing minors children to Ducky Beau is at own risk, since they exclude all liability and their insurance.
4 Despite the constant care and attention we pay to www.duckybeau.com, it is possible that the information provided on the website is incomplete or incorrect. Ducky Beau is not liable for the non-permanent availability of www.duckybeau.nl technical or electronic errors of the online offer.
5 Ducky Beau is not liable for indirect damages, including consequential damages, lost profits, lost savings and damage due to business stagnation.
6 If it is determined that Ducky Beau it should be liable for any damage, liability is maximized to the amount of the order but never more than € 1000 .- in total.
Article 9 Indemnification
1 The other party indemnifies Ducky Beau any claims by third parties who suffer damages in connection with the execution of the agreement whose cause is attributable to other than themselves.
Article 10 Privacy
1 We consider to respect your privacy at all times. All personal information will only be used by Ducky Beau for purpose of the delivery and payment transactions. We will never pass information to others.
Article 11 Copyright
1 Without a written permission, nothing from the website of Ducky Beau should be copied, stored and / or distributed.
Article 12 Registration and change conditions.
1 These conditions are filed on October 18, 2006 at the Chamber of Commerce Eindhoven , number 17148120.
2 Applicable is the last registered version or version valid at the time of the conclusion of the legal relationship with Ducky Beau.
3 The Dutch text of these terms and conditions is decisive for its interpretation.