Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
• Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
• Day: Calendar day.
• Duration transaction: A distance contract concerning a series of products and/or services, with delivery and/or purchase obligations spread over time.
• Durable data carrier: Any medium that allows the consumer or entrepreneur to store information personally addressed to them, enabling future consultation and unchanged reproduction of the stored information.
• Right of withdrawal: The possibility for the consumer to cancel the distance contract within the cooling-off period.
• Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers; in this case, Charlotte London.
• Distance contract: A contract in which, as part of a system organized by the entrepreneur for the distance sale of products and/or services, only one or more remote communication techniques are used up to and including the conclusion of the contract.
• Remote communication technique: A means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same room.
• General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

• Company Name: Hoogland E-commerce
• VAT number: NL005032948B19
• Trade Name: Charlotte London
• Customer Service Email: info@charlotte-london.com

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order between the entrepreneur and the 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be reviewed at the entrepreneur's premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available electronically to the consumer in such a way that it can be stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

In cases where specific product or service terms and conditions also apply, the second and third paragraphs are equally applicable, and in the event of conflicting general terms and conditions, the consumer can always rely on the provision that is most favorable to them.

If one or more provisions in these general terms and conditions are void or annulled at any time, the remaining provisions of the agreement and these terms and conditions will remain in effect, and the relevant provision will be replaced by a provision that closely approximates the original intent.

Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer includes a complete and accurate description of the offered products and/or services. 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. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be the basis for compensation or dissolution of the contract.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer includes information so that it is clear to the consumer what rights and obligations are associated with accepting the offer. This includes:

• The price, excluding customs duties and import VAT. These additional costs will be the responsibility and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services regarding imports into the destination EU country. The postal and/or courier service will collect the VAT (possibly together with the customs clearance costs) from the recipient of the goods.
• Any shipping costs.
• How the contract will be concluded and what actions are required.
• Whether the right of withdrawal applies.
• The method of payment, delivery, and execution of the contract.
• The period for accepting the offer or the period within which the entrepreneur guarantees the price.
• The rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the communication method used.
• Whether the contract will be archived after its conclusion and, if so, how it can be accessed by the consumer.
• How the consumer can check and, if desired, correct the data provided in the context of the contract before concluding the contract.
• Any other languages in which, in addition to UK, the contract can be concluded.
• The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically.
• The minimum duration of the distance contract in the case of a duration transaction.
• Optional: available sizes, colors, types of materials.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfillment of the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. Until receipt of this acceptance is confirmed by the entrepreneur, the consumer can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as any facts and factors relevant to a responsible conclusion of the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the contract, they are entitled to refuse an order or request or attach special conditions to the execution.

The entrepreneur will send the following information with the product or service, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• The visiting address of the entrepreneur's establishment where the consumer can lodge complaints.
• The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal.
• Information on warranties and existing after-sales service.
• The data referred to in Article 4, paragraph 3, unless these data have already been provided to the consumer before the execution of the contract.
• The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
• In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
• Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period starts the day after the consumer or a pre-designated representative, known to the entrepreneur, receives the product.

During the cooling-off period, the consumer will handle the product and packaging carefully. The consumer will only unpack or use the product to the extent necessary to assess whether they want to keep the product. If they exercise the right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The notification must be made by written communication/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time to the place of origin, for example by providing proof of dispatch.

If the customer does not notify the entrepreneur of their intention to exercise the right of withdrawal or does not return the product to the entrepreneur within the time limits specified in paragraphs 2 and 3, the purchase is final.

 

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are the responsibility of the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is on the condition that the product has already been received back by the entrepreneur or that conclusive proof of the complete return can be provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before concluding the contract.

Exclusion of the right of withdrawal is only possible for products:

• Made by the entrepreneur according to consumer specifications;
• Clearly personal in nature;
• Which by their nature cannot be returned;
• That can spoil or age quickly;
• Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• For individual newspapers and magazines.

Article 9 – The Price

Prices include VAT. For products offered within the framework of a distance contract, prices include VAT. Prices are subject to errors and changes.

The entrepreneur is not bound by prices that are clearly incorrect.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products comply with the contract, the specifications mentioned in the offer, and the reasonable requirements of reliability and/or usability. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address provided by the consumer to the entrepreneur.

The entrepreneur will execute accepted orders with due speed but at least within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be informed within 30 days of placing the order. In such a case, the consumer has the right to dissolve the contract free of charge and will be entitled to any compensation.

After dissolution, the entrepreneur will promptly refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Payment

As far as not regulated otherwise in these terms and conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this period begins on the day after the consumer receives confirmation of the contract.

In the case of non-payment by the consumer, the entrepreneur has the right to charge reasonable costs made known in advance to the consumer.

Article 13 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and will handle complaints in accordance with this complaints procedure.

Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time 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 foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

Article 14 – Dispute Resolution

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Disputes between the consumer and the entrepreneur will be resolved by the competent court in the Netherlands.

Article 15 – Additional or Deviating Provisions

Additional or deviating provisions from these terms and conditions may not disadvantage the consumer and should be documented in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.