General terms and conditions

General terms and conditions
Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

Reflection period: the period within which the consumer can exercise 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 trader;

Day: calendar day;

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: any means that enables the consumer or trader to store information addressed to him personally 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: the natural or legal person offering products and/or services to consumers at 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 for distance 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: The High London

Chamber of Commerce number: 

Trade name: The High London

VAT number: 

Customer service mail: info@thehighlondon

Company address: 

Article 3 - Applicability.

These general conditions apply to any offer made by the trader and to any distance contract and orders concluded between the trader 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, 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.

If the distance contract is concluded electronically, contrary to 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 it can be stored by the consumer in a simple manner 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.

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, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.

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

Situations not provided for in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should 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 is entitled 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 and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images of products are a true representation of the products being offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains sufficient information so that the consumer can clearly understand the rights and obligations associated with accepting the offer. This particularly concerns:

  • The price, excluding customs duties and import VAT. These additional costs will be the responsibility and risk of the customer. The postal or courier service will use the special arrangement for postal and courier services regarding importation. This arrangement applies if the goods are imported into the EU country of destination, which is the case here. The postal or courier service will collect the VAT (possibly together with any customs fees) from the recipient of the goods;

  • Any shipping costs;

  • How 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 performance of the agreement;

  • The period for accepting the offer, or the period during which the entrepreneur guarantees the price;

  • The cost of remote communication if the use of the remote communication technology is charged on a basis other than the standard 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;

  • How the consumer, before concluding the agreement, can verify and if necessary correct the data provided by them in connection with the agreement;

  • Any other languages besides Dutch in which the agreement can be concluded;

  • The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically; and

  • The minimum duration of the remote agreement in the case of a continuous 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 associated conditions.

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 may dissolve the agreement.

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

The entrepreneur may, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly entering into the remote agreement. If, based on this inquiry, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, or to attach special conditions to its execution.

The entrepreneur will provide the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, along with the product or service:

  • The address of the entrepreneur’s establishment where the consumer can lodge complaints;
  • The conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • Information about guarantees and existing post-purchase services;
  • The data referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before executing the agreement;
  • The requirements 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 continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the ordered products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without providing any reason within 14 days. This reflection period starts the day after the consumer or a representative previously designated by the consumer and made known to the entrepreneur, receives the product.

During the reflection period, the consumer will 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 the product. If the consumer exercises their right of withdrawal, they will return the product to the entrepreneur, along with all 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 must notify the entrepreneur within 14 days after receiving the product. The consumer must make this known by sending a written notice or email. After the consumer has communicated their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of shipment.

If, after the periods mentioned in paragraphs 2 and 3, the consumer has not indicated their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in Case of Withdrawal

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

If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been returned or conclusive proof of its complete return has been provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may 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 clearly stated this in the offer, or at least in time before the conclusion of the agreement.

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

  • That have been manufactured according to consumer specifications;
  • That are clearly personal in nature;
  • That cannot be returned due to their nature;
  • That 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;
  • For audio and video recordings and computer software of which the consumer has broken the seal;
  • For hygienic products of which the seal has been broken.

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

  • Regarding accommodation, transport, restaurant services, or leisure activities to be performed on a certain date or during a specific period;
  • Whose delivery has started with the consumer’s explicit consent before the reflection period has expired;
  • Concerning betting and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services 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 over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any mentioned prices are target prices will be mentioned in the offer.

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

  • They are the result of statutory regulations or provisions; or
  • The consumer has the right to terminate the agreement from the day the price increase takes effect.

The place of delivery is determined according to Article 5, first paragraph, of the 1968 VAT Act, and occurs in the country where the transport begins. In this case, delivery occurs outside the EU. Therefore, the postal or courier service will collect import VAT and/or customs fees from the customer. Consequently, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing or typographical errors, 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 comply with the agreement, the specifications listed in the offer, reasonable requirements of soundness and usability, and the legal provisions and/or governmental regulations that exist on the date of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

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 final suitability of the products for any 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 has had them repaired 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 the packaging;
  • The defect is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

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

The delivery location 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 due speed but at the latest within 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 only partially, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and is entitled to compensation.

In the event of dissolution under the preceding paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.

The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur unless otherwise 

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

Termination

The consumer may terminate an agreement that has been entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement that involves the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

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

  • at any time and is not limited to terminating at a specific time or during a specific period;
  • at least in the same manner as the agreement was entered into by the consumer;
  • always with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

An agreement entered into for a fixed period that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

In deviation from the previous paragraph, an agreement entered into for a fixed period that involves the regular delivery of daily, news, or weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided the consumer may 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 period that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in case the agreement involves the regular but less frequent than once a month delivery of daily, news, or weekly newspapers and magazines.

An agreement of limited duration for the regular delivery of daily, news, or weekly newspapers and magazines as an introductory offer (trial or introductory subscription) will not be tacitly extended and will automatically end 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 after one year with a notice period of no more than one month, unless reasonableness and fairness dictate against termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

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

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

Article 14 – Complaints Procedure

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

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable 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 response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

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 discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

 

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