Terms of Service
Last Updated: September 2, 2026
OVERVIEW
This website is operated by Mabella New York, a store operated by ByMabella boutique, Chamber of Commerce (KvK) number 97823562, VAT number NL005290658B93.
Throughout the site, the terms “we,” “us,” and “our” refer to Mabella New York and, where applicable, ByMabella boutique. Mabella New York offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
When you visit our website and/or purchase something from us, you participate in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the website, including, without limitation, browsers, customers, vendors, merchants, and/or content providers.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions contained in these Terms, you may not access the website or use the Services.
Any new features or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of these Terms at any time on this page. We reserve the right to update, modify, or replace any part of these Terms by posting updates and/or changes to our website, subject to applicable law.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state, province, or jurisdiction in which you reside, or that you are the age of majority in your jurisdiction and have given us permission to allow any of your minor dependents to use this website.
You may not use our products or Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any applicable laws or regulations, including, without limitation, copyright laws.
You must not transmit any worms, viruses, malware, or other code of a destructive or harmful nature.
A violation or breach of any of these Terms may result in the suspension or termination of your access to the Services.
SECTION 2 – GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone at any time for any lawful reason.
You acknowledge that content you submit, other than payment information, may be transmitted over various networks and may be changed to conform and adapt to technical requirements of connecting networks or devices.
Payment information is processed using secure and encrypted transmission methods provided by our payment service providers.
You agree not to reproduce, duplicate, copy, sell, resell, exploit, or otherwise use any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided without our express written permission.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make reasonable efforts to ensure that information presented on this website is accurate, complete, and current. However, we cannot guarantee that all information will always be free from errors, omissions, or outdated information.
Material provided on this website is for general information purposes and should not be relied upon as the sole basis for making decisions where more accurate, complete, or current information may be required.
This website may contain certain historical information. Historical information is necessarily not current and is provided for reference only.
We reserve the right to modify the contents of this website at any time, subject to applicable law. It is your responsibility to review changes to the website where relevant.
Nothing in this Section limits any rights that cannot lawfully be excluded under applicable consumer protection laws.
SECTION 4 – CHANGES TO SERVICES AND PRICES
Prices for our products are subject to change without notice unless otherwise required by applicable law.
We reserve the right to modify, suspend, or discontinue the Service, or any part or content thereof, at any time.
To the maximum extent permitted by applicable law, we will not be liable to you or any third party solely because of a modification, price change, suspension, or discontinuation of the Service.
Conclusion of the Contract
The presentation of products in our online store does not necessarily constitute a legally binding offer but represents an invitation to place an order.
By submitting an order, you make an offer to purchase the selected products. After submitting your order, you will normally receive an automated email acknowledging receipt of your order.
An automated acknowledgement of your order does not necessarily constitute acceptance of the order. We reserve the right to accept or decline orders in accordance with these Terms and applicable law.
Warranty
Any warranty rights and consumer protections that cannot legally be excluded or limited remain fully applicable.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We make every reasonable effort to display the colors, images, details, and appearance of our products as accurately as possible. However, we cannot guarantee that the display of any color or image on your computer, smartphone, tablet, or other device will be completely accurate.
Minor differences in color, texture, appearance, or positioning may occur due to lighting, photography, screen settings, manufacturing variations, and other factors.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region, or jurisdiction where permitted by law. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of products or Services we offer.
Product descriptions and prices are subject to change at any time without notice at our discretion, subject to applicable law.
We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this website is void where prohibited.
We do not guarantee that every product, Service, information, or other material purchased or obtained by you will meet every personal expectation.
Our products are shipped directly to customers from our supplier in China. Customs duties, import duties, taxes, customs clearance charges, or other import-related fees may apply depending on the destination and applicable regulations. Unless expressly stated otherwise, any such charges are the responsibility of the customer.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us, subject to applicable law.
We may, in our sole discretion, limit or cancel quantities purchased per person, household, account, payment method, shipping address, billing address, or order.
These restrictions may include orders placed by or under the same customer account, the same credit card or payment method, and/or orders using the same billing or shipping address.
If we change or cancel an order, we may attempt to notify you using the email address, billing information, shipping information, or phone number, if provided, associated with the order.
We reserve the right to restrict or prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers, distributors, or for fraudulent or unauthorized purposes.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store.
You agree to promptly update your information, including your email address and payment details, where necessary so that we can complete transactions and contact you regarding your order.
You are responsible for ensuring that your shipping address and other order information are correct before submitting your order.
For more information regarding returns and refunds, please review our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor and have no control or input.
You acknowledge and agree that access to such tools may be provided “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement by us, except where such disclaimers are prohibited by applicable law.
To the maximum extent permitted by applicable law, we will not be liable for claims arising solely from your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own discretion, and you should ensure that you are familiar with and agree to the terms under which the relevant third-party provider makes those tools available.
Any new Services, features, or tools offered through the website in the future will also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS AND SERVICES
Certain content, products, tools, or services available through our Service may include materials or services provided by third parties.
Third-party links on this website may direct you to websites that are not affiliated with us.
We are not responsible for examining or evaluating the content, accuracy, security, policies, or practices of third-party websites, and we do not warrant or assume responsibility for third-party materials, websites, products, or services except to the extent required by applicable law.
We are not responsible for damages or harm arising from purchases, use of goods or services, resources, content, or other transactions made directly through third-party websites.
Please carefully review the third party’s policies and practices and make sure you understand them before engaging in a transaction.
Questions, complaints, claims, or concerns regarding products or services purchased directly from a third party should be directed to that third party.
SECTION 9 – COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS
If you submit contest entries, reviews, feedback, creative ideas, suggestions, proposals, plans, photographs, or other materials to us, whether online, by email, through social media, by post, or otherwise (collectively, “Comments”), you agree that, to the extent permitted by applicable law and subject to our Privacy Policy, we may use, reproduce, edit, publish, distribute, translate, and otherwise use those Comments in connection with our business and Services.
Unless otherwise agreed or required by law, we are not obligated to:
- maintain any Comments in confidence;
- pay compensation for any Comments; or
- respond to any Comments.
We may, but have no obligation to, monitor, edit, or remove content that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, fraudulent, misleading, or otherwise objectionable, or that violates intellectual property rights or these Terms.
You agree that your Comments will not violate the rights of any third party, including copyright, trademark, privacy, publicity, personality, or other proprietary rights.
You further agree that your Comments will not contain unlawful, defamatory, abusive, obscene, or malicious material, or computer viruses or other malware that could affect the operation of the Service, our website, or any related website.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Comments.
You are responsible for the Comments you submit and their accuracy. We assume no responsibility for Comments posted by you or third parties except where applicable law provides otherwise.
Any additional customs clearance charges, customs duties, import duties, or similar import-related charges are not included in the product price unless expressly stated otherwise and may be the responsibility of the customer.
SECTION 10 – PERSONAL INFORMATION
Your submission and our processing of personal information through the store are governed by our Privacy Policy.
Please review our Privacy Policy for additional information about how we collect, use, disclose, and protect personal information.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, shipping or transit times, availability, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information where appropriate.
We also reserve the right to cancel an order if material information relating to the order was incorrect, including after you have submitted your order, provided that we comply with applicable law and refund any payment due as a result of such cancellation.
We do not undertake an obligation to update, amend, or clarify information on the Service or related websites except where required by applicable law.
No stated update or refresh date on the Service or related website should necessarily be taken to indicate that all information has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the website or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any applicable international, federal, state, provincial, local, or other law, regulation, rule, or ordinance;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, or unlawfully discriminate against another person;
(f) to submit false, fraudulent, deceptive, or misleading information;
(g) to upload or transmit viruses, malware, or any other malicious code that may affect the functionality or operation of the Service, related websites, other websites, devices, or the internet;
(h) to collect, scrape, harvest, or track the personal information of others unlawfully;
(i) to spam, phish, pharm, pretext, spider, crawl, scrape, or engage in similar abusive activities;
(j) for obscene or unlawful purposes;
(k) to interfere with or circumvent the security features of the Service, related websites, other websites, or the internet; or
(l) to use the website or Services in connection with fraudulent transactions, payment abuse, or other unauthorized activity.
We reserve the right to suspend or terminate your use of the Service or related website for violations of these prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts, or limits any consumer right, warranty, guarantee, remedy, or liability that cannot lawfully be excluded or limited under applicable law.
Subject to the foregoing, we do not warrant that your use of the Service will always be uninterrupted, timely, secure, or error-free.
We do not warrant that results obtained from use of the Service will always be accurate or reliable.
We may temporarily suspend or discontinue portions of the Service for maintenance, updates, security reasons, technical issues, or other legitimate business reasons.
To the maximum extent permitted by applicable law, your use of the Service is at your own risk.
Except for warranties or rights that cannot lawfully be excluded, the Service and products and services made available through the Service are provided on an “as is” and “as available” basis.
To the maximum extent permitted by applicable law, Mabella New York, ByMabella boutique, and their owners, employees, contractors, agents, service providers, suppliers, and affiliates will not be liable for indirect, incidental, punitive, special, or consequential damages arising solely from your use of the Service or products purchased through the Service.
Where applicable law does not allow the exclusion or limitation of certain damages or liabilities, our liability will be limited only to the maximum extent permitted by that law.
To the maximum extent permitted by applicable law, our aggregate liability arising directly from a particular purchase will not exceed the amount you paid to us for the product or order giving rise to the claim.
Nothing in this Section limits liability where limiting such liability would be prohibited by applicable law.
SECTION 14 – INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Mabella New York, ByMabella boutique, and their owners, affiliates, partners, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from claims, demands, liabilities, losses, damages, or reasonable legal fees arising out of or relating to:
(a) your material breach of these Terms of Service;
(b) your violation of applicable law; or
(c) your infringement of the rights of a third party.
This Section does not require you to indemnify us for losses caused by our own unlawful conduct, negligence, or other liability that cannot legally be excluded.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, invalid, or unenforceable, that provision will nevertheless be enforced to the fullest extent permitted by applicable law.
The unenforceable portion will be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date will survive termination of these Terms where appropriate.
These Terms of Service remain effective unless and until terminated by either you or us.
You may terminate your use of the Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website.
If, in our reasonable judgment, you breach or we reasonably suspect that you have breached a material provision of these Terms, we may suspend or terminate your access to the Service, subject to applicable law.
You will remain responsible for amounts properly due for orders or obligations incurred before termination.
Termination of your access to the website does not affect rights or obligations arising from purchases already made or any rights that survive termination by their nature.
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this website or relating to the Service, constitute the entire agreement and understanding between you and us regarding your use of the Service, except where otherwise expressly agreed.
They supersede prior or contemporaneous communications, proposals, and versions of these Terms relating to the same subject matter.
Any ambiguity in these Terms will be interpreted in accordance with applicable law and will not automatically be construed against either party solely because that party drafted the Terms.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services to you will be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict-of-law principles, to the extent permitted by applicable law.
This choice of law does not deprive consumers of any mandatory protections or rights granted to them under laws that apply regardless of this choice.
Nothing in these Terms prevents a consumer from bringing a claim before another court where applicable mandatory law provides the consumer with that right.
SECTION 19 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, subject to applicable law, to update, modify, or replace any part of these Terms by posting updates and changes on our website.
Where applicable law requires us to provide additional notice of material changes, we will do so.
Changes will apply prospectively from their effective date unless applicable law allows otherwise.
Your continued use of or access to the website or Service after changes take effect constitutes acceptance of those changes to the extent permitted by applicable law.
SECTION 20 – CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
Email: info@bymabella.com
Shop Name: Mabella New York
Legal Business Name: ByMabella boutique
Chamber of Commerce (KvK): 97823562
VAT Number: NL005290658B93