Terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can exercise their 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;

Duration transaction: a distance contract regarding a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the option 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 to consumers at a distance;

Distance contract: a contract whereby, in the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the moment of concluding the contract, only one or more means of distance communication are used;

Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being in the same place simultaneously;

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: Rosalyn London

Chamber of Commerce (KvK) number: 92661165

Trade name: Rosalyn London

VAT number: NL004970113B24

Customer service email: info@rosalynlondon.com

Company address: Parklaan 332, 2742MG Waddinxveen

Article 3 – 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 will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them 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 accessed electronically and that they will be sent electronically or by other means free of charge at the consumer's request.

In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply correspondingly, and in case 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 of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and the remainder of these terms and conditions will remain in effect, and the relevant provision will be replaced by a provision that approximates the original intent as closely as possible, by mutual agreement and without delay.

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

Article 4 – The Offer

If an offer has a limited validity period 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 adapt 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, they will be a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications, and data provided in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

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

Every offer includes sufficient information to make clear to the consumer what rights and obligations are attached to accepting the offer. This concerns, in particular:

  • The price, excluding customs clearance costs and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services for import. This arrangement applies when the goods are imported into the EU destination country, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with any charged customs clearance costs) from the recipient of the goods;

  • Any shipping costs;

  • The method of concluding the agreement and the necessary actions for this;

  • Whether or not the right of withdrawal applies;

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

  • The deadline for accepting the offer, or the deadline within which the entrepreneur guarantees the price;

  • The level of the rate for distance communication if the costs for using the distance communication technology are calculated on a basis other than the regular basic rate for the used communication medium;

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

  • The way in which the consumer can check and, if desired, correct the information they provided before concluding the agreement;

  • Any other languages in which the agreement can be concluded, in addition to Dutch;

  • The codes of conduct to which the entrepreneur has committed and the way in which the consumer can consult these codes electronically; and

  • The minimum duration of the distance contract in case of a duration transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the 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 will take appropriate technical and organizational measures to secure the electronic transmission 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, inform themselves about whether the consumer can meet their payment obligations, as well as about all facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur has good reasons, based on this investigation, not to enter into the agreement, they are entitled to refuse a request or order or to attach special conditions to the execution.

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

  • The visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
  • The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • The information on guarantees and existing after-purchase service;
  • The data specified in Article 4 paragraph 3 of these conditions unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
  • The conditions for terminating the agreement if the agreement 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 agreement 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 cancel the agreement without giving any reason for a period of 14 days. This cooling-off period starts the day after the consumer, or a representative designated in advance and made known to the entrepreneur, receives the product.

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

If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. This notification must be made via written communication, such as an email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the goods have been returned in time, for example, with a proof of shipment.

If the consumer does not notify their intention to use the right of withdrawal within the periods specified in paragraphs 2 and 3, or if the product is not returned to the entrepreneur, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products will be borne by the consumer.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This refund is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer or at least before the conclusion of the agreement.

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

  • that have been created 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 are beyond the entrepreneur's control;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software where the consumer has broken the seal;
  • for hygiene products where the consumer has broken the seal.

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

  • regarding accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
  • where delivery has begun with the consumer's express consent before the cooling-off period has expired;
  • regarding betting and lotteries.

Article 9 – The Price

During the validity period mentioned 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.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur's control, with variable prices. This dependence on fluctuations and the fact that any stated prices are indicative will be stated in the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  • they are the result of legal regulations or provisions; or
  • the consumer has the authority to terminate the agreement as of the day the price increase takes effect.

The place of delivery, pursuant to Article 5, paragraph 1 of the VAT Act 1968, is in the country where the transportation begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT and/or customs clearance costs from the recipient. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of a printing or typographical error, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

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

Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims 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 14 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period matches the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use 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 handled carelessly or in violation of the entrepreneur's instructions and/or packaging;
  • The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

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

The place of delivery is the address that the consumer has made known to the company.

Subject to the provisions of 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 the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and may be entitled to 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 14 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 clearly and understandably stated that a replacement item is being delivered. Replacement items are not excluded from the right of withdrawal. The costs of any return shipment are borne by 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 previously designated representative, unless expressly agreed otherwise.

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

Cancellation

The consumer may cancel an agreement concluded for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, with due observance of the agreed cancellation rules and a notice period of no more than one month.

The consumer may cancel an agreement concluded for a definite period that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of no more than one month.

The consumer may cancel the agreements mentioned in the previous paragraphs:

  • At any time and not be restricted to cancellation at a specific time or within a specific period;
  • At least in the same manner as they were concluded by the consumer;
  • Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement concluded for a definite period that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a definite period.

In deviation from the previous paragraph, an agreement concluded for a definite period that involves the regular delivery of daily, news, or weekly newspapers and magazines may be tacitly extended for a definite period of up to three months if the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement concluded for a definite period that involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may cancel it at any time with a notice period of no more than one month and with a notice period of no more than three months if the agreement involves the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular introduction to delivering daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically continued and will end automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation 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 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.

The consumer is obliged to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.

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

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to

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