Terms and Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

• Cooling-off period: The period within which the consumer may exercise the right of withdrawal.
• Consumer: A natural person who is not acting for purposes related to a trade, business, or profession and who enters into a distance contract with the merchant.
• Day: Calendar day.
• Continuous contract: A distance contract concerning a series of products and/or services whose delivery and/or purchase obligation extends over time.
• Durable medium: Any tool that enables the consumer or the merchant to store information addressed personally to them in a way that allows future access and unchanged reproduction.
• Right of withdrawal: The consumer’s right to terminate the distance contract within the cooling-off period.
• Merchant: The natural or legal person who offers products and/or services to consumers at a distance.
• Distance contract: A contract concluded within the framework of an organized system for distance selling in which one or more means of distance communication are used up to and including the time at which the contract is concluded.
• Means of distance communication: Any means that can be used for concluding a contract without the consumer and the merchant being simultaneously present in the same place.
• Terms and Conditions: These Terms and Conditions of the merchant.

Article 2 – Company Information

Company name: Ruby New York
Registration number (KvK): 89631455
Tax/VAT number: NL004748607B34
Customer service email: info@rubynewyork.com

Article 3 – Applicability

These Terms and Conditions apply to all offers from the merchant and to all distance contracts and orders between the merchant and the consumer.

Before a distance contract is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the merchant will indicate how the Terms can be reviewed and that they will be sent free of charge upon request.

If the contract is concluded electronically, a copy of these Terms will be provided in a way that enables the consumer to store them on a durable medium. If this is not possible, the merchant will indicate where the Terms can be accessed electronically and that they will be sent free of charge upon request.

If specific conditions apply to a product or service in addition to these Terms, the most favorable provision for the consumer will prevail in case of conflict.

If any provision is nullified or found invalid, the remaining provisions remain in force. The invalid provision shall be replaced, after consultation, by a legally acceptable provision with a similar purpose.

Situations not explicitly covered by these Terms shall be interpreted in the spirit of these Terms. The same applies to any ambiguities.

Article 4 – The Offer

• If the offer is time-limited or subject to specific conditions, this shall be stated clearly.

The offer is non-binding. The merchant reserves the right to modify or withdraw the offer.

Each offer contains a complete and accurate description of the products/services offered. Images and descriptions aim to represent the offer truthfully. Obvious errors do not bind the merchant.

Product images are indicative. Color differences may occur depending on screen or display device.

Each offer includes information clarifying the consumer’s rights and obligations, in particular:

• The price, exclusive of any customs handling and import taxes/duties (these are paid by the consumer);
• Shipping costs, if applicable;
• How the contract is concluded and which steps are required;
• Whether the right of withdrawal applies;
• Methods of payment, delivery, and performance;
• The period for which the offer is valid;
• Any communication costs applied, if not at the basic rate;
• Whether the contract will be archived and how the consumer can access it;
• How the consumer can correct entries before placing the order;
• Available languages in addition to English (US);
• Any codes of conduct the merchant follows;
• Minimum duration for distance contracts in the case of continuous contracts;
• Where relevant: available sizes, colors, materials.

Article 5 – The Contract

The contract is concluded when the consumer accepts the offer and meets the associated conditions.

If the consumer accepts the offer electronically, the merchant shall promptly confirm receipt. Until receipt is confirmed, the consumer may cancel the order.

If the contract is concluded electronically, the merchant shall ensure secure data transmission and a secure website environment. Payment processing shall also be appropriately secured.

The merchant may verify whether the consumer can meet payment obligations and assess other relevant factors. With reasonable grounds, an order may be refused or made subject to conditions.

Upon delivery, the following will be provided:

• Contact address for complaints;
• Conditions and procedure for exercising the right of withdrawal;
• Information on warranty and after-sales service;
• Essential conditions as set out in Article 4;
• Terms for termination in the case of long-term or indefinite contracts.

For continuous contracts this applies only to the first delivery.

All contracts are subject to product availability.

Article 6 – Right of Withdrawal

The consumer has 30 days from the delivery date to withdraw from the purchase without giving any reason.

During this period, the consumer shall handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine whether it will be kept. In case of return, the product must be complete, undamaged, and preferably in the original packaging.

The consumer must notify the merchant by email within 30 days of delivery to exercise the right of withdrawal. The consumer then has 30 days to return the item. Proof of timely return is required (e.g., a tracking receipt). A return shipment to our supplier in China may be required.

If the consumer does not act within this period, the purchase becomes binding.

Article 7 – Return Costs

Return shipping costs are borne by the consumer, including any international return to the country of origin (China).

Refunds are made within 30 days from the withdrawal notice, provided the item has been returned or sufficient proof of return has been provided.

Article 8 – Exceptions to the Right of Withdrawal

The merchant may exclude the right of withdrawal for:

• Goods made to the consumer’s specifications;
• Personalized or perishable goods;
• Sealed audio/video/software products if the seal has been broken by the consumer;
• Hygiene-sensitive products once the seal has been broken.

Also excluded:

• Accommodation, transport, restaurant, or leisure services on a specific date or during a specific period;
• Services that have begun with the consumer’s express consent before the withdrawal period has expired;
• Betting or lotteries.

Exclusions apply only if clearly communicated before the contract is concluded.

Article 9 – Price

Prices remain unchanged during the validity period of the offer, unless sales tax or statutory adjustments require otherwise.

Prices affected by market fluctuations may be adjusted. Where applicable, any indication will be stated clearly.

Price increases within 3 months of the contract being concluded are permitted only if required by law.

Price increases after 3 months are permitted only if agreed in advance and the consumer has the right to terminate the contract.

Regarding taxes: Because delivery may occur from a country outside the United States, U.S. Customs may assess import duties and handling fees. The merchant does not charge sales tax.

No claims can be made in the event of obvious typographical or pricing errors. The merchant is not obliged to honor clearly incorrect prices.

Article 10 – Conformity and Warranty

The merchant guarantees that the products conform to the contract, the stated specifications, reasonable expectations of usability, and applicable legal requirements at the time the contract is concluded.

Warranties provided by the merchant, manufacturer, or importer do not affect the consumer’s statutory rights.

Defects must be reported within 30 days of delivery. Products must be returned in the original packaging and in original condition.

The warranty does not apply if:

• The product has been altered or repaired by the consumer or a third party;
• The product has been misused or handled negligently;
• Government regulations have affected the product’s quality.

Article 11 – Delivery and Performance

The merchant shall exercise care in processing and delivering orders.

Delivery is made to the address provided by the consumer.

Orders are shipped within 30 days unless otherwise agreed. In case of delay, the consumer will be informed within this period. The consumer may cancel the contract at no cost in the event of delay.

Canceled orders are refunded within 30 days.

If a product is unavailable, a replacement item may be offered. The consumer will be clearly informed. Returns of replacement items are at the merchant’s expense.

The risk of loss or damage is borne by the merchant until the item has been delivered to the consumer or an authorized third party.

Carrier: Orders are shipped via USPS (United States Postal Service). The merchant may use UPS or FedEx when necessary to ensure the fastest delivery.

Article 12 – Continuous Contracts: duration, termination, and renewal

Termination

• The consumer may terminate an indefinite contract with a notice period of no more than one (1) month.
• Fixed-term contracts may be terminated at the end of the term with a notice period of no more than one (1) month.
• Termination shall be possible by the same means used to conclude the contract and under equivalent conditions.

Renewal

• Fixed-term contracts may not be renewed automatically.
• Exceptions may apply to subscriptions (e.g., periodicals), but then for no more than three (3) months.
• Continuous delivery contracts may be renewed for an indefinite period only if the consumer may terminate at any time with one (1) month’s notice (three (3) months where delivery occurs monthly or less frequently).

Trial subscriptions end automatically after the agreed period.

Duration
Contracts longer than one (1) year may be terminated by the consumer after one (1) year with one (1) month’s notice.

Article 13 – Payment

Unless otherwise agreed, payment shall be made within seven (7) business days from the start of the withdrawal period.

The consumer is responsible for providing correct payment information and shall immediately report inaccuracies.

In the event of non-payment, the merchant may charge reasonable collection costs, provided this has been communicated in advance.

Article 14 – Complaints Procedure

Complaints must be submitted in writing within seven (7) days after the defect is discovered.

The merchant will respond within thirty (30) days. If more time is needed, an acknowledgment with an estimated response time will be sent.

If a dispute cannot be resolved amicably, the matter becomes a dispute.

Complaints do not suspend contractual obligations unless confirmed in writing by the merchant.

If the complaint is justified, the merchant may choose to replace or repair the item free of charge.

Article 15 – Disputes

These Terms and any related agreements are governed exclusively by the laws of the United States and, where applicable, the laws of the State designated by the merchant, irrespective of the consumer’s residence.