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 his right of cancellation;
Consumer: the natural person who is not acting in the course of a trade, business or profession and who concludes a distance contract with the trader;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over time;
Durable medium: any means enabling the consumer or the trader to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the withdrawal period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract;
Remote communication technique: means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same room at the same time.
General terms and conditions: the current general terms and conditions of the entrepreneur.
Article 2 - Applicability
These general terms and conditions apply to every offer of 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 before the distance agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the premises of the entrepreneur 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 way 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.
If special product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general conditions, the consumer may always invoke the applicable provision that is most favourable to him.
If at any time one or more provisions of these general conditions are wholly or partially invalid or cancelled, the agreement and these conditions shall otherwise remain in force and the provision in question shall be replaced immediately by mutual agreement with a provision that comes as close as possible to the purpose of the original provision.
Situations not provided for in these General Terms and Conditions shall be judged ‘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 shall be interpreted ‘in the spirit’ of these General Terms and Conditions.
Article 2 - Identity of the entrepreneur
Company name: On request
Email address: contact@faire-london.com
Trade Register Number: On request
VAT number: On request
Article 3 - The offer
If an offer has a limited period of validity or is subject to conditions, this must be explicitly stated in the offer.
The offer is without obligation. The entrepreneur has the right to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a correct assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and / or services offered. Obvious errors or obvious mistakes 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 offered. The entrepreneur cannot guarantee that the colours shown 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 the acceptance of the offer. This concerns in particular:
The price, excluding customs clearance fees and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services for imports. This scheme applies if the goods are imported to the country of destination in the EU, which is the case in this instance. The postal and/or courier service will collect VAT (whether or not with the customs clearance fees charged) from the recipient of the goods;
any shipping costs;
the manner in which the contract will be concluded and what actions are required for this purpose;
whether or not the right of cancellation is applicable;
the method of payment, delivery and fulfilment of the contract;
the period for acceptance of the offer or the period during which the trader guarantees the price;
the level of the tariff for distance communication, if the cost of using the means of distance communication is calculated on a basis other than the basic standard tariff for the means of communication used
whether the contract is archived after its conclusion and, if so, how the consumer can access it
the way in which the consumer, prior to the conclusion of the agreement, can check and, if desired, rectify the data he has provided under the agreement;
any languages other than Dutch in which the contract may be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult those codes of conduct electronically; and
the minimum duration of the distance contract in case of a transaction of a longer duration.
Optional: available sizes, colours, types of materials.
Article 4 - The contract
Without prejudice to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the terms and conditions set out therein.
If the consumer has accepted the offer electronically, the trader will immediately acknowledge 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 must take appropriate technical and organisational measures to protect the electronic transmission of data and must ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can - within the legal framework - inform himself whether the consumer can fulfil his payment obligations and about all the facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good reasons not to conclude the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation while giving reasons.
- The trader will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable medium: the visiting address of the trader's establishment to which the consumer can complain;
- the conditions and manner in which the consumer can exercise the right of withdrawal or a clear statement of the exclusion of the right of withdrawal
- information about warranties and existing after-sales services;
- the data included in Article 4(3) of these conditions, unless the entrepreneur has already provided the consumer with this data prior to the execution of the agreement
- the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision of the previous paragraph only applies to the first delivery.
Each contract is concluded under the suspensive conditions of sufficient availability of the relevant products.
Article 5 - Right of cancellation
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This reflection period starts the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all supplied accessories and - if reasonably possible - in the original condition and packaging in accordance with the reasonable and clear instructions given by the entrepreneur.
If the consumer wishes to exercise his right of cancellation, he is obliged to inform the trader of this within 14 days of receipt of the product. The consumer must make this known by means of a written notification/email. Once the consumer has notified that he wishes to exercise his right of cancellation, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, e.g. by means of a proof of despatch.
If the customer has not expressed his intention to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.
Article 6 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive proof of complete return can be provided.
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 only applies if the trader has clearly indicated this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
- that are clearly personal in nature
- that cannot be returned due to their nature
- that deteriorate 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 on which the consumer has - broken the seal
- for hygiene products for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services
- relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
- if the supply has begun with the consumer's express consent before the withdrawal period has expired;
- concerning betting and lotteries.
Article 7 - 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 resulting from 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 that are beyond the control of the entrepreneur, with variable prices. This connection to fluctuations and the fact that all prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal provisions or regulations.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated them and:
- they are the result of legal provisions or regulations;
- or the consumer is authorized to terminate the contract on the day the price increase takes effect.
According to Section 5(1) of the Turnover Tax Act 1968, the place of supply is the country where the transportation begins. In this case, the delivery takes place outside the EU. The postal or courier service will then charge the customer import VAT or customs clearance fees. Therefore, no VAT will be charged to the entrepreneur.
All prices are subject to misprints. We accept no liability for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Special additional customs duties and/or import duties are not included in the price and must be paid by the customer.
Article 8 - Conformity and warranty
The entrepreneur guarantees that the products and / or services are in accordance with the contract, the specifications stated in the offer, the reasonable requirements for reliability and / or usability and the existing legal provisions and / or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defective or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. Return of the products must be in the original packaging and in new condition.
The Entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never liable for the ultimate suitability of the products for each individual use by the consumer or for 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 himself or has 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 laid down or will lay down regarding the nature or quality of the materials used.
Article 9 - Delivery and execution
The company will exercise 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 regard to what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders promptly, 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 or can only be partially executed, the consumer will be informed of this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs 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 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to deliver a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item will be delivered. With replacement items, the right of withdrawal cannot be excluded. 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 time of delivery to the consumer or a representative appointed in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 10 - Duration transactions: duration, termination and renewal
Termination
The consumer may terminate an open-ended contract concluded for the regular supply of products (including electricity) or services at any time, subject to the applicable termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term period, subject to the applicable termination rules and a notice period not exceeding one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
be terminated at any time and not be limited to termination at a specific time or for a specific period;
at least terminate them in the same way as they were entered into by him;
always terminate with the same notice period that the entrepreneur has set for himself.
Extension
A fixed-term contract concluded for the regular supply of goods (including electricity) or services cannot be automatically extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months if the consumer can terminate the extended contract at the end of the extension period with a maximum notice period of one month.
A fixed-term contract concluded for the regular supply of goods or services may be tacitly renewed for an indefinite period only if the consumer may terminate it at any time by giving notice not exceeding one month and by giving notice not exceeding three months if the contract concerns the regular, but less than monthly, supply of newspapers or periodicals.
A fixed-term contract for the regular supply of daily or weekly newspapers as an introduction (trial or introductory subscription) is not tacitly continued and automatically terminates at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a maximum of one month's notice, unless fairness and reasonableness dictate otherwise before the end of the agreed duration.
Article 11 - 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(1). In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.
The consumer is obliged to immediately report inaccuracies in payment information provided or mentioned to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs communicated in advance to the consumer.
Article 14 - Complaints procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably 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, which 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 his discretion, either replace or repair the delivered products free of charge.
Article 12 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
Article 13 - CESOP
Due to the measures introduced and tightened from 2024 regarding the “Amendment of the Turnover Tax Act 1968 (Wet implementatie Richtlijn betalingsdienstaanbieders)” and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers can register data in the European CESOP system.