Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
‘withdrawal period’: the period within which the consumer can make use of his right of withdrawal
consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur
day: calendar day
duration transaction: a distance contract concerning a series of products and/or services, of which the obligation to deliver and/or purchase is spread over time
durable data carrier: any tool enabling the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information
right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period
Entrepreneur: a natural or legal person offering products and/or services to consumers from a distance
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication
Technique fordistance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General terms and conditions: the present general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: mleijtenbusiness
Chamber of Commerce number: 91659426
Trade name: Stylish London
Momsregistreringsnummer: NL004906471B17
Customer service e-mail address: support@stylish-london.co.uk
Company address: Snaphaan 1 Gilze 5126WP Netherlands
Article 3 - Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
Notwithstanding the previous paragraph, if the distance contract is concluded electronically and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
Insofar as specific product or service conditions apply in addition to these general terms and conditions, the provisions of the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of conflicting general terms and conditions, always rely on the applicable provision that is most favourable to him.
If one or more provisions of these general terms and conditions should at any time be wholly or partially void or nullified, the contract and these general terms and conditions shall remain in force for the rest and the provision in question shall be replaced without delay by mutual agreement with a provision that comes as close as possible to the purport of the original provision.
Situations not provided for in these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions.
Lack of clarity regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted ‘in the spirit’ of these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur has the right to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications, data in the offer are indicative and cannot be a reason to replace or dissolve the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular to:
the price, excluding customs clearance costs and import VAT. These additional costs are at the customer's expense and risk. The postal and/or courier service uses the special regulation for postal and courier services regarding imports. This scheme applies if the goods are imported into the destination country within the EU, which is the case in this instance. The postal and/or courier service collects VAT (whether or not together with customs clearance costs) from the recipient of the goods.
Any freight charges;
how the contract is concluded and the steps required to do so
whether or not the right of withdrawal applies
the method of payment, delivery and performance of the contract
the period for accepting the offer, or the period within which the contractor guarantees the price
the amount of compensation for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the usual basic compensation for the means of communication used
whether the contract will be archived after its conclusion and, if so, how the consumer can find out about it
the manner in which the consumer, prior to concluding the contract, can verify the information provided by him pursuant to the contract and, if he wishes, correct it
any languages other than Dutch in which the contract can be concluded
the codes of conduct which the trader has subscribed to and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract for a transaction with a duration.
Optional: available sizes, colours, type of material.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is concluded under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 60 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the trader with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 60 days after receipt of the product. The consumer should make this known by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the goods within 60 days. The consumer must prove that the delivered goods were returned on time, e.g. by means of a proof of shipment.
If the consumer has not expressed his intention to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the product are at his expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. The condition is that the product has already been received back by the entrepreneur or that convincing evidence of complete return can be presented.
Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products described in paragraph 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly stated this in the offer, or at least in good time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products
Exclusion of the right of withdrawal is only possible for services
Article 9 - The price
During the validity period stated in the offer, the prices of the products and/or services on offer shall not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Supplier may offer products or services whose prices are linked to fluctuations in the financial market and over which the Supplier has no influence, at variable prices. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
Price increases within 3 months of the conclusion of the agreement will only be permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the contractor has stipulated them and
According to Article 5(1) of the Turnover Tax Act 1968, the place of delivery is the country where the transport begins. In the present case, the delivery takes place outside the EU, after which the postal or courier company will collect import VAT or clearance charges from the customer. Consequently, the contractor will not charge VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the contractor shall not be obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and warranty
The contractor guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the contractor also guarantees that the product is suitable for other than normal use.
A guarantee provided by the contractor, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the contractor under the agreement.
Any defective or incorrectly delivered products must be reported to the contractor in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.
The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the entrepreneur is never liable for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if
The consumer has repaired and/or adjusted the delivered products himself or had them repaired and/or adjusted by third parties;
the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the contractor and/or applied to the packaging;
the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and implementation
The entrepreneur shall take the greatest possible care when receiving and executing product orders.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. Upon delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the Contractor.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration transactions: duration, cancellation and extension
Cancellation
The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to the applicable termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term in accordance with the applicable termination rules and a period of notice that does not exceed one month.
The consumer may terminate the agreements referred to in the previous paragraphs
terminate them at any time and not be limited to termination at a specific time or during a specific period
terminate at least in the same way as he entered into the agreement
always with the same notice period as the entrepreneur has set for himself.
Extension
A fixed-term contract that has been concluded for the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, provided that the consumer may terminate the renewed contract at the end of the renewal period with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of goods or services may be tacitly extended for an indefinite period only if the consumer may terminate the contract at any time with a period of notice that does not exceed one month and with a period of notice that does not exceed three months if the contract relates to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and ends automatically at the end of the trial or introductory period.
Duration
If a contract lasts more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated in advance to the consumer.
Article 14 - Complaints procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement procedure.
A complaint does not affect the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If the complaint is found to be justified, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad.