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: A natural person who is not acting in the course of their business or profession and enters into a distance contract with the entrepreneur.
  • Day: Calendar day.
  • Long-term transaction: A distance contract relating to a series of products and/or services, where delivery and/or performance obligations are spread out over time.
  • Durable medium: Any medium that allows the consumer or entrepreneur to store information directed to them in a way that enables future consultation and unchanged reproduction of the stored information.
  • Right of withdrawal: The consumer's ability to cancel the distance contract within the cooling-off period.
  • Entrepreneur: A natural or legal person offering products and/or services at a distance to consumers.
  • Distance contract: A contract in the context of a system for distance selling of products and/or services, where communication up to and including the conclusion of the contract is solely through one or more means of distance communication.
  • Distance communication technique: A medium that can be used to conclude an agreement without the consumer and entrepreneur meeting simultaneously in the same space.
  • General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Business Information

AURELIA-LONDON
Amsterdam, Aan de gracht 493
Email: info@aurelia-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 viewed at the entrepreneur’s location, and they will be sent free of charge to the consumer upon request. If the distance contract is concluded electronically, the text of these general terms and conditions can, instead of the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored on a durable medium. 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 free of charge to the consumer upon request. If specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply correspondingly, and in the case of conflicting terms, the consumer can always rely on the provision most favorable to them. If one or more provisions in these general terms and conditions are fully or partially voided or annulled, the contract and these terms and conditions will remain in effect, and the respective provision will be immediately replaced by a provision that as closely as possible reflects the original intent. Situations not covered by these general terms and conditions will be assessed in accordance with the spirit of these terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions will be interpreted in accordance with the spirit of these terms and conditions.


Article 4 – The Offer
If an offer has a limited validity or is subject to conditions, this will be clearly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change or adjust the offer. The offer contains a full and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot serve as the basis for claims or cancellation of the contract. Product images represent the offered products truthfully. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. Every offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer, including: the price including taxes; any shipping costs; how the agreement will be concluded and what actions are required; whether or not the right of withdrawal applies; the method of payment, delivery, and execution of the contract; the time frame within which the offer can be accepted or the price is guaranteed; the rate for distance communication if the cost of using the communication technique differs from the normal basic rate for the used communication medium; whether the agreement will be archived after conclusion, and if so, how the consumer can consult it; how the consumer can check and correct the information provided before entering into the agreement; the languages available for concluding the agreement in addition to Dutch; the codes of conduct the entrepreneur adheres to and how the consumer can consult these codes electronically; and the minimum duration of the distance contract in the case of a long-term transaction. Optionally: available sizes, colors, materials.


Article 5 – The Agreement
The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set by the entrepreneur. If the consumer accepts the offer electronically, the entrepreneur will confirm the receipt of the acceptance electronically without delay. Until the acceptance is confirmed by the entrepreneur, the consumer can cancel 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 take appropriate security measures. The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations and check facts and factors relevant for responsibly entering into the distance agreement. If the entrepreneur has good reasons to refuse the agreement based on this investigation, they are entitled to refuse or impose special conditions on the order. The entrepreneur will send the following information to the consumer in writing or in such a way that the consumer can store it on a durable medium:

  • The business address where complaints can be addressed.
  • The conditions under which the consumer can exercise their right of withdrawal or a clear statement about the exclusion of the right of withdrawal.
  • Information about warranties and post-purchase service.
  • The information included in Article 4, paragraph 3 of these terms, unless this information has already been provided before the agreement is executed.
  • The requirements for canceling the agreement if the agreement lasts more than one year or is indefinite.
    In the case of a long-term transaction, the provisions in the previous paragraph apply only to the first delivery. Each agreement is subject to the condition of sufficient availability of the products.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to cancel the agreement without giving any reason within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative appointed by the consumer. During the cooling-off period, the consumer must handle the product and packaging with care. The product should only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. If the consumer exercises the right of withdrawal, they must return the product, along with all delivered accessories, and – if reasonably possible – in its original condition and packaging, in accordance with the instructions provided by the entrepreneur. The consumer must inform the entrepreneur of their intention to exercise the right of withdrawal within 14 days after receiving the product. This must be done through a written notice/email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the product was returned on time, for example, by providing proof of shipment. If the consumer does not notify the entrepreneur of their intention to withdraw or return the product within the specified periods, the purchase is final.


Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the product are 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 withdrawal, provided the product has been received back or proof of return is 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. The exclusion of the right of withdrawal is only applicable if the entrepreneur has clearly stated this in the offer or before the agreement is concluded. Exclusion of the right of withdrawal is only possible for:

  • Products made according to the consumer's specifications.
  • Products that are clearly personal in nature.
  • Products that cannot be returned due to their nature.
  • Products that are prone to rapid spoilage or aging.
  • Products whose price is subject to fluctuations in the financial market.
  • Single newspapers and magazines.
  • Audio or video recordings and computer software whose seal has been broken by the consumer.
  • Hygiene products whose seal has been broken by the consumer.

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

  • Regarding accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period.
  • Where the service is started with the express consent of the consumer before the cooling-off period has expired.
  • Regarding betting and lotteries.

Article 9 – Price
During the validity period stated 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. The entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and are not under the entrepreneur’s control at variable prices. Such fluctuations and the fact that any prices mentioned are indicative will be stated in the offer. Price increases

 

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.