Terms and conditions

Article 1 – Definitions

In these terms and conditions:

• Cooling-off period: The period within which the consumer can exercise the right of withdrawal.

• Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.

• Day: Calendar day.

• Long-term transaction: A distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

• Durable medium: Any means that enables the consumer or the entrepreneur to store information that is personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information.

• Right of withdrawal: The consumer’s option to withdraw from the distance contract within the cooling-off period.

• Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.

• Distance contract: An agreement concluded in the context of a system organised by the entrepreneur for the remote sale of products and/or services, whereby up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.

• Technology for distance communication: A means that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time.

• General terms and conditions: The present general terms and conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded 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 viewed at the entrepreneur’s premises, and they will be sent free of charge to the consumer as soon as possible upon request.

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

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer can always rely on the applicable provision that is most favourable to them in case of conflicting terms and conditions.

If one or more provisions of these general terms and conditions are null and void or annulled at any time, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the original as closely as possible.

Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

Ambiguities about 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 3 – The Offer

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

The product range is non-binding. The entrepreneur has the right to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images with products are a truthful representation of the products offered, but the entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns, in particular:

• The price excluding UK customs clearance costs and import VAT (these additional costs will be borne by and are at the risk of the customer).

• Any shipping costs.

• The manner in which the agreement will be concluded and what actions are required for this.

• Whether or not the right of withdrawal applies.

• The method of payment, delivery, and execution of the agreement.

• The period for accepting the offer or the period within which the entrepreneur guarantees the price.

• Whether the agreement will be archived after conclusion, and if so, how it can be accessed by the consumer.

• The way in which the consumer, before concluding the agreement, can check the information provided by them and, if desired, correct it.

• Any other languages in which the agreement can be concluded in addition to English.

• The codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically.

• The minimum duration of the distance contract in the event of a long-term transaction.

Article 4 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may – within legal frameworks – obtain information about whether the consumer can meet their payment obligations, as well as all facts and factors important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or to attach special conditions to its execution.

With the product or service, the entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer on a durable medium:

• The visiting address of the entrepreneur’s business where the consumer can address complaints.

• The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal.

• Information about guarantees and existing after-sales service.

• The data included in Article 4, paragraph 3, of these conditions, unless the entrepreneur has already provided these to the consumer before the execution of the agreement.

• The requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement within 30 days without stating reasons. The cooling-off period starts on the day after receipt of the product by the consumer or a third party designated in advance by the consumer and announced to the entrepreneur.

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

If the consumer wishes to make use of the right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product. The consumer must make this known via written notice or email. After notifying the entrepreneur, the customer must return the product within 30 days. The consumer must prove that the goods have been returned on time to the place of origin (which may be directly to our supplier outside the UK). Proof of shipment can be used for this.

If the customer has not made their intention to use the right of withdrawal known within the periods referred to above, or the product has not been returned to the entrepreneur, the purchase is considered final.

Article 6 – Delivery, VAT, and Customs Costs (for deliveries in the UK)

Our products are shipped from outside the United Kingdom. This means:

• Goods are delivered from a country outside the UK.

• No UK VAT is charged by us at the point of sale.

• Upon import into the UK, the postal or courier service may charge UK VAT and/or customs duties to the recipient.

• These additional costs are entirely the responsibility of the customer.

• The seller (we) is not responsible for these costs or for any delays caused by customs processing.

• By placing an order, the customer accepts these terms.

• We do not charge shipping costs to the customer. Delivery and import are handled exclusively by the shipping partner.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are entirely for the consumer’s account. This also applies to returns to the country of origin, such as our supplier outside the UK.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. The condition is that the product has already been received back by the entrepreneur or conclusive proof of full return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.

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

• Made by the entrepreneur according to the consumer’s specifications.

• That are clearly personal in nature.

• That cannot be returned due to their nature.

• That can spoil or age quickly.

• Whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence.

• For individual newspapers and magazines.

• For audio and video recordings and computer software of which the consumer has broken the seal.

• For hygienic products of which the consumer has broken the seal.

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

• Relating to accommodation, transport, restaurant business, or leisure activities on a specific date or during a specific period.

• Where delivery has begun with the consumer’s explicit consent before the cooling-off period has expired.

• Relating to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur cannot 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 after concluding the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after concluding the agreement are only permitted if the entrepreneur has stipulated this and:

• They are the result of statutory regulations or provisions; or

• The consumer has the authority to terminate the agreement as of the day the price increase takes effect.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing statutory provisions and/or government regulations on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The return of products must be in the original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible 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 warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.

• The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging.

• The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will 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.

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or only partially, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the agreement free of charge and the right to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item will be delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the entrepreneur.

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

Article 12 – Duration Transactions: Duration, Cancellation, and Renewal

Cancellation
The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a fixed term and which extends to the regular delivery of products or services at the end of the fixed term, subject to the agreed cancellation rules and a notice period of no more than one month.

The consumer can:

• Cancel at any time and not be limited to cancellation at a specific time or in a specific period.

• Cancel at least in the same way as the agreement was entered into by them.

• Always cancel with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
An agreement entered into for a fixed term and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.

By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily news, newspapers, and weekly magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed term and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case the agreement extends to the regular, but less than once a month, delivery of daily news, newspapers, and weekly magazines.

A limited-duration agreement for the regular delivery of daily news, newspapers, and weekly magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.

Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 5.

The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

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

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 30 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within 30 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to dispute settlement.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their option, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Only the laws of England and Wales apply to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.