Article 10 – Conformity and Warranty
AURELIA-LONDON warrants 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 legal provisions and/or government regulations existing at the time the agreement is concluded. If agreed upon, AURELIA-LONDON also warrants that the product is suitable for purposes other than normal use. Any warranty provided by AURELIA-LONDON, the manufacturer, or the importer does not affect the consumer's statutory rights and claims that can be asserted against AURELIA-LONDON based on the agreement. Any defects or incorrectly delivered products must be reported in writing to AURELIA-LONDON within 14 days after delivery. Products should be returned in their original packaging and in new condition. The warranty period of AURELIA-LONDON corresponds to the manufacturer’s warranty period. However, AURELIA-LONDON is never responsible for the ultimate 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 altered the delivered products themselves, or had them repaired and/or altered by a third party;
- The delivered products have been exposed to abnormal conditions or have been otherwise handled carelessly or in violation of AURELIA-LONDON’s instructions and/or the packaging handling;
- The defect is wholly or partially caused by regulations imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
AURELIA-LONDON will exercise the utmost care when receiving and executing product orders. The place of delivery shall be the address provided by the consumer to AURELIA-LONDON. Subject to the provisions of Article 4 of these terms and conditions, AURELIA-LONDON will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified within 30 days of placing the order. In that case, the consumer has the right to cancel the agreement without charge and is entitled to any applicable compensation. In the event of cancellation as per the previous paragraph, AURELIA-LONDON will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation. If delivery of an ordered product proves impossible, AURELIA-LONDON will make reasonable efforts to provide a substitute item. The substitute item will be clearly communicated at the time of delivery. The right of withdrawal may not be excluded for substitute items. The cost of any return shipment will be borne by AURELIA-LONDON. The risk of damage and/or loss of products rests with AURELIA-LONDON until delivery to the consumer or a designated representative known to AURELIA-LONDON, unless otherwise agreed upon.
Article 12 – Duration Transactions: Termination, Extension, and Duration
Termination
The consumer may terminate an agreement entered into for an indefinite period, which concerns the regular delivery of products (including electricity), or services, at any time, subject to any agreed termination rules and a maximum notice period of one month. The consumer may terminate an agreement entered into for a fixed period, which concerns the regular delivery of products (including electricity), or services, at any time, before the end of the fixed period, subject to any agreed termination rules and a maximum notice period of one month. The consumer may terminate the agreements mentioned in the previous paragraphs: at any time, and is not restricted to termination at a specific time or within a specific period; at least in the same manner as the agreement was entered into by the consumer; and always with the same notice period as AURELIA-LONDON has stipulated for itself.
Extension
An agreement entered into for a fixed period, which concerns the regular delivery of products (including electricity), or services, may not be automatically extended or renewed for a fixed period. However, in deviation from the previous sentence, an agreement entered into for a fixed period for the regular delivery of daily, weekly, or periodical publications, including newspapers and magazines, may be automatically extended for a fixed period of no more than three months, provided the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month. An agreement entered into for a fixed period, which concerns the regular delivery of products or services, may only be automatically extended for an indefinite period if the consumer can terminate the agreement 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 concerns the regular delivery of daily, weekly, or periodical publications (less than once a month).
An agreement for a fixed period regarding a trial or introductory subscription to daily, weekly, or periodical publications shall not be automatically extended and shall terminate automatically at the end of 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 reason and fairness prevent termination before the agreed duration ends.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after 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 starts after the consumer has received the confirmation of the agreement. The consumer is obliged to notify AURELIA-LONDON without delay of any inaccuracies in the provided or indicated payment details. In the event of default by the consumer, AURELIA-LONDON is entitled, subject to legal restrictions, to charge the reasonable costs incurred to the consumer, as previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be fully and clearly described in writing to AURELIA-LONDON within 7 days after the consumer has detected the defects. Complaints submitted to AURELIA-LONDON will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, AURELIA-LONDON will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved through mutual agreement, a dispute will arise that is subject to the dispute resolution procedure. A complaint does not suspend the obligations of AURELIA-LONDON, unless AURELIA-LONDON has indicated otherwise in writing. If a complaint is found to be justified, AURELIA-LONDON will, at its discretion, either replace or repair the delivered products at no cost.
Article 15 – Disputes
The agreements between AURELIA-LONDON and the consumer to which these terms and conditions apply shall be governed exclusively by Dutch law, even if the consumer resides abroad.